Analysis | One of Trump’s flimsiest lawsuits yet

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Analysis | One of Trump’s flimsiest lawsuits yet
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Analysis: One of Trump’s flimsiest lawsuits yet

With that out of the way, Trump’s lawyers proceed to argue that any comparison between a public official or political candidate and Hitler is “defamation per se” — that is, that such comparisons are so damaging that they must be considered defamatory on their face.

The lawsuit ultimately does get around to citing actual court decisions in making its case. It argues that “the Hitler characterization is one that courts across jurisdictions have historically considered defamation per se.”O’Donnell v. Philadelphia Record Co.. If you haven’t heard of these cases, it’s because they are not federal ones. They also all predate 1964′s, meaning the “actual malice” standard couldn’t have been applied because it didn’t yet exist.

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