Opinion | Why defamation suits are the best weapon against the Big Lie

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Opinion | LevinsonJessica: Why Newsmax apologized rather than face a defamation lawsuit. - MSNBCDaily

, be able to demonstrate three things: that the people they are suing communicated or published a false statement of fact, that the people communicating or publishing that false statement of fact had the requisite state of mind and that they suffered damages as a result.It's another victory in the battle against the Big Lie after the threat of legal action from Smartmatic, another voting machine company, alsoin December.

Defamation suits are akin to the costly medicine to help fight the infection of disinformation, but they aren't able to inoculate the public in the first place. Yes, the next Newsmax or Giuliani may think twice before they propagate lies and falsehoods, proving these suits have a deterrent effect on false speech — but it's not a guarantee that Trump and his ilk will heed that warning.

 

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