It is quite clear that Mr. Hinderaker understands the effectively broad license — to libel and slander — in America.
He clearly understands that, when he is speaking about a matter of substantial public concern, and speaking about an elected official, as a public figure, in his elected capacity — it is nearly impossible to lose a libel suit.
This is so, because as contemplated by our system of robust liberties — as to political speech — we as a people favor vigorous, wide and even falsely-premised and ill-founded debate. We encourage more speech, as the remedy for false speech, of this sort.
So… Mr. Obama would have to show that Mr. Hinderaker was both (1) aware that what he wrote was patently untrue, and (2) that he wrote it with intent to harm the President. Or he would have to show that Mr. Hinderaker did it with “reckless disregard for the truth or falsity” of the statement at issue.
That is one tall order — but Mr. Hinderaker is within an eyelash of violating it, here (especially as to the second class of libel plaintiffs, below):
“…Ten years ago, there was not a movement dedicated to attacking, and sometimes killing, police officers – worse, a movement supported by the President of the United States himself….”
He intentionally, and misleadingly, links Mr. Obama’s statements of understanding about BLM’s goals — NONE of which are the killing of police, BTW — to the killing of police, by NON-BLM affiliated rogue sociopaths and miscreants. In most courts around the rest of the world, that would be libel, per se.
It may not be libel per se as to our President here in the USA (due to the above), but it may well be libel per se, as to the people of BLM — the website, and officials of which have never called for killings of police officers.
I may just… make some calls. Stay tuned. There may be real clients out there — and they may wish to have their damages taken from Mr. Hinderaker’s quite substantial net worth, and contributed to increasing BLM’s reach.
Congrats, Mr. Hinderaker — you may end up as BLM’s biggest 2016 cash contributor! Sweet irony.
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