Why Dominion’s Defamation Lawsuits Are Garbage
Dominion Voting Systems is suing MyPillow CEO Mike Lindell for $1.3 billion. This comes in the wake of other Dominion lawsuits against Trump advisors Rudy Giuliani and Sidney Powell. All are accused of lying about Dominion’s supposed complicity in using the company’s vote-counting software to favor presidential candidate Joe Biden in the 2020 presidential election.
The company claims Lindell’s accusations “have caused irreparable harm to Dominion’s good reputation and threatened the safety of our employees and customers.” In the case of Giuliani, the company claims: “For Dominion—whose business is producing and providing voting systems for elections—there are no accusations [other than Giuliani’s claims of fraud and election fixing] that could do more to damage Dominion’s business or to impugn Dominion’s integrity, ethics, honesty, and financial integrity.”
Behind all of this is the usual logic of a defamation lawsuit. Dominion’s owners are concerned that Lindell, Giuliani, and Powell have cost the company money by saying things that could potentially hurt Dominion financially.
It’s entirely possible that Dominion may have a case, at least legally speaking. Dominion is nominally a private company. But will need to prove the usual elements of a defamation suit, namely, that Lindell et al. made false statements about Dominion and that they knew these statements were false. Dominion must also show it suffered damages.
Fortunately, this is very difficult to do in American courts. This is especially true for government officials and “public figures” of any kind. In those cases, a plaintiff must also prove that the defamation was committed with malicious intent and recklessness.
This presents a very high legal standard to meet. And rightly so.
In any case, a respect for freedom of speech would render most, if not all, defamation suits null and void. As I’ve noted in the past, defamation law opens a Pandora’s box of legal strategies that can be employed to
Article from Mises Wire