Can a judge sue a defendant for slander/libel?
If a judge is called 'corrupt' by a defendant outside court in front of the media, or if something more unambiguously libelous is said, can the judge sue the defendant?
You are viewing a single comment
If a judge is called 'corrupt' by a defendant outside court in front of the media, or if something more unambiguously libelous is said, can the judge sue the defendant?
IANAL. Probably not.
Defamation needs to show damages and the judge would need to show that somehow those statements materially damaged them.
Public figures also need to meet higher bars for defamation.
Assuming OP is talking about Trump, this would take place in the USA. So because they are in the USA, they would also need to prove the things said were actually false, that the things said were said with malicious intent, and that what was said was not protected such as something protected by the first amendment.
Winning a defamation case is very, very hard in the USA. Its not like Japan where the law literally gives away wins because you don't even have to prove that what was said was false. The USA requires a lot of things be met in order to even qualify as defamation.
As well it should
Before showing falsehood you need to show damages. In the US it's completely OK to lie about someone as long as it doesn't cost them money.