Reply To: The ladies of “The View” need glasses

#22288
Robin Vander Wall
Robin Vander Wall
Admin

There is absolutely no legal theory (of even the most extraordinary kind) by which NARSOL could ever establish standing to sue ABC or The View for making false accusations. If you can find an attorney to represent that claim, I’d like to know his name.

One of the unfortunate aspects of the First Amendment is that it protects the publication of false facts. Even a claim of libel would not work since ABC/The View is not libeling any specifically named individual or organization and according to New York Times v. Sullivan (a landmark 1964 ruling of the U.S. Supreme Court), news and media sources cannot be held libel for claims that are false unless it can be established that the libelous information is published with “actual malice” towards the individual or entity that has been libeled.

(see https://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan).

So while we’d love to take action, we’re not going to expend vast amounts of money on a claim that will meet with immediate dismissal and that would very likely cause the court to sanction the attorney with enough temerity to file it.