Moore Threatens to Sue Washington Post

Roy Moore and his wife say they’re going to sue the Washington Post for defamation, because apparently you can become the Chief Justice of the Alabama Supreme Court without ever hearing about New York Times v Sullivan, which will get any such suit dismissed.

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Judge Roy Moore, the GOP nominee for the United States Senate, announced Sunday evening at an event that he plans to sue the Washington Post for its series of hit pieces against him, his wife, his foundation, and his campaign.

New York Times v Sullivan was the 1964 case that changed defamation law when it comes to public figures. It requires that in order to win a defamation suit against a media outlet, they have to prove actual malice, which requires that the defendants knew what they published was false and acted in “reckless disregard for the truth.” The mere fact that the Washington Post has multiple sources on the record in these stories makes it impossible to meet such a standard.

Not that I actually expect a suit to be filed. Like Trump so often does, I think Moore is blustering for public consumption. The election is only five weeks away and he’s just trying to stay afloat until then. No such suit could be heard before then, of course, not even a motion to dismiss. But all he has to do is act like these charges are so outrageous and false that he’s going to sue the evil liberal media over it and he’ll win points with Alabama voters.

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