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Should Kyle Rittenhouse Sue President Joe Biden For Defamation?

Debate Information

On September 30, 2020, Biden posted a tweet suggesting Kyle Rittenhouse was a white supremacist.  Would Kyle win a defamation lawsuit?



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  • DeeDee 4487 Pts   -   edited November 20
    @JulesKorngold

    Joe is spot on , Trump if he were President would name a national day after the “hero” …..


    Blastcat
  • MayCaesarMayCaesar 4153 Pts   -  
    No, one tweet is not a valid reason for a lawsuit. Imagine how many people have tweeted calling Biden all sorts of things; should he file lawsuits against all of them?
    Blastcat
  • Happy_KillbotHappy_Killbot 5282 Pts   -  
    @JulesKorngold ;

    This is the tweet in Question: 

    Kyle Rittenhouse Biden tweet Screenshot  Twitter

    Now, does this tweet meet the justification for defamation?

    4 legal requirements must be met. If any of them are not true, then there is no legal precedent for defamation:

    1. The statement, which must be about another person, must be false.
    2. The statement must be ‘published' to a third party, who cannot also be the person who is being defamed. Publishing in this context does not mean that it must be printed, but purely that the statement has to be ‘made available' to someone other than the person about whom the statement was made.
    3. If the nature of the statement is ‘of public concern' the person who has published it must be at least liable in negligence. Public figures who seek to prove that they have been defamed must prove an additional element under the First Amendment of the US Constitution, that in publishing the statement the defendant was acting with ‘actual malice' (by publishing something they know to be a lie) or at least to have a total disregard for whether the statement is true or not.
    4. The person about whom the defamatory statement is made must be ‘damaged' by the statement. In some states, it is sufficient to establish that the plaintiff suffered ‘mental anguish' as opposed to ‘damage.'

    In my opinion, they are not all met. Specifically:

    1: This statement is not about Kyle Rittenhouse despite depicting his image. It is about then president Trump, and in fact makes a clear factual statement in relation to the presidential debate.

    2: Twitter constitutes a 3rd party, so this requirement is met.

    3: Joe Biden was not acting with malice towards Kyle Rittenhouse. It is not clear from this statement that Joe was intentionally trying to specifically harm Kyle in any way, and since the statement is factual in regards to Trump, it can not be held to be made in disregard.

    4: Since this statement is not about Kyle despite depicting his image, there is again no reason to think that this caused any "damage" based on the statement.

    From all of this, we see that arguably only 1 of the requirements is met, and therefore this tweet does not meet the criteria to be considered defamation.
    At some point in the distant past, the universe went through a phase of cosmic inflation,
    Stars formed, planets coalesced, and on at least one of them life took root.
    Through a long process of evolution this life 
    developed into the human race.
    Humans conquered fire, built complex societies and advanced technology .

    All of that so we can argue about nothing.
  • CYDdhartaCYDdharta 1719 Pts   -  
    @Happy_Killbot

    If Biden's video was strictly about Pres. Trump, then what are these images from Biden's video?










  • Happy_KillbotHappy_Killbot 5282 Pts   -  
    Argument Topic: For real?

    @CYDdharta ;

    Hard to say kid,

    but maybe it has something to do with the fact that Biden condemns white supremacists or something when Trump wouldn't say that during the presidential debate.
    Dee
    At some point in the distant past, the universe went through a phase of cosmic inflation,
    Stars formed, planets coalesced, and on at least one of them life took root.
    Through a long process of evolution this life 
    developed into the human race.
    Humans conquered fire, built complex societies and advanced technology .

    All of that so we can argue about nothing.
  • CYDdhartaCYDdharta 1719 Pts   -  
    @Happy_Killbot

    ...and including an image of Kyle Rittenhouse in with those images was bound to paint him as a white supremacist, even thought that was a lie.
    Happy_KillbotDee
  • Happy_KillbotHappy_Killbot 5282 Pts   -  
    @CYDdharta ;

    There is also a picture of a guy carrying a torch in one of the images,

    and guess what else carries a torch?

    Statue Of Liberty A Symbol Of Freedom - Gets Ready

    I guess by your logic, Biden is calling the statue of liberty a white supremacist as well.

    Seriously, there is no way you are serious.

    Not that I would be surprised.
    Dee
    At some point in the distant past, the universe went through a phase of cosmic inflation,
    Stars formed, planets coalesced, and on at least one of them life took root.
    Through a long process of evolution this life 
    developed into the human race.
    Humans conquered fire, built complex societies and advanced technology .

    All of that so we can argue about nothing.
  • CYDdhartaCYDdharta 1719 Pts   -  
    @Happy_Killbot

    The Statue of Liberty is holding a tiki torch?!?  Who knew???

    Talk about not being serious, FFS.
  • exconexcon 324 Pts   -   edited November 20
    On September 30, 2020, Biden posted a tweet suggesting Kyle Rittenhouse was a white supremacist.  Would Kyle win a defamation lawsuit?

    Hello J:

    No..  There are two parts to any civil lawsuit - liability and damages..  You need both to win.  Now, if Rittenhouse could show that he lost a book deal, or got fired from his job, - you know stuff you can measure, then he could win.

    excon
  • BlastcatBlastcat 362 Pts   -  
    Argument Topic: what was the tweet

    On September 30, 2020, Biden posted a tweet suggesting Kyle Rittenhouse was a white supremacist.  Would Kyle win a defamation lawsuit?

    Please quote Biden's tweet
  • Happy_KillbotHappy_Killbot 5282 Pts   -  
    @Blastcat ;
    Please quote Biden's tweet
    scroll up
    At some point in the distant past, the universe went through a phase of cosmic inflation,
    Stars formed, planets coalesced, and on at least one of them life took root.
    Through a long process of evolution this life 
    developed into the human race.
    Humans conquered fire, built complex societies and advanced technology .

    All of that so we can argue about nothing.
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