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I dunno about that, because many statements are unfalsifiable. If someone accuses me of being a witch, how can I be expected to "show it's false"? If you can show that they
Then it's not necessary to prove that it's false.
I understand and agree that the burden for proving defamation in the US is quite high, but it's not always possible or necessary to demonstrate that the accusation is absolutely false.
That's not the alternative to proving it being false, that's the alternative to it being knowingly false. You have to show all four of these things for US defamation
It's the 3rd fault one that is the knowingly false or reckless disregard for the truth
https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-united-states/
Good stuff, it seems that he probably has no chance with this lawsuit. But still
Leaves a lot of wiggle room. How is "a false statement" defined? It's ultimately a matter of semantics.
I read this article which indicates that the truthfulness of the statement isn't even the relevant legal issue, and even if it were partially false it would still not constitute defamation.
https://www.law.cornell.edu/constitution-conan/amendment-1/defamation-and-false-statements-overview
This agrees with what you are saying about knowingly false statements. But I never meant to say he could prove defamation, I just thought it was easier to claim than falsehood, because the story is obviously true 😅
But I guess defamation is actually harder to prove than I thought.
In the US, absolutely. Much of the stuff you hear about people being terrified to be accused of defamation comes out of the UK, where the burden of proof is almost completely flipped.