[WASHINGTONEXAMINER] Recently, there's been an argument among top-flight journalists like BuzzFeed's Ben Smith about whether it's a good idea to publish potentially defamatory information that is unverified and which even you yourself doubt in part or in whole.The only correct answer is: never do this. And if you have to do it ... still don't do it. Because there's an excellent chance that, if you are sued, a court will interpret your willingness to publish that which you acknowledge might be false as "reckless disregard" for the truth.
American libel laws are famously and rightly lenient toward those who write and publish. The First Amendment is a durable shield, and it takes a lot to lose such a case. But when you publish something you yourself believe might be false, you are already on the cusp of meeting the "actual malice" standard by which even public figures can successfully sue you.
A very big test case of this has just been settled in Maryland. First Lady Melania Trump sued a blogger who had accused her of being a high-end escort. He has agreed to pay LawNews reports:
LawNewz.com has learned that First Lady Melania Trump has agreed to settle her defamation lawsuit filed against a Maryland blogger who published an article accusing her of being a high-end escort. The blogger has agreed to pay Trump a "substantial sum," according to a statement from Melania's attorney, Charles Harder. The blogger, Webster Tarpley, also agreed to issue an additional apology for the posts.
Take heed, rulers of the earth. Libel law is no joke. Mrs. Trump's parallel case against the Daily Mail in New York may provide another example of this soon enough.