Open in TheBrain

Protect Democracy org

---

11 23 an guk

right-wing election deniers are seeing consequences of their efforts to overturn the 2020 presidential election by facing a slew of defamation lawsuits, The Guardian reports.}:

Per the report, "Defamation law has traditionally been sparingly used in the US, given the very high bar that plaintiffs have to meet. Under the 1964 supreme court ruling New York Times Co v Sullivan, they have to be able to show 'actual malice' on behalf of the accused.

Rachel Goodman, an attorney with non-partisan advocacy organization Protect Democracy, told The Guardian, said the group's legal action is about "accountability as a way of ensuring that our democracy can get back on track."

Currently, according to the report, Protect Democracy has five ongoing defamation suits "against individuals and outlets who propagated election denial, including ex-President Donald Trump lawyer and former New York mayor Giuliani, the Gateway Pundit and the beleaguered undercover video outfit Project Veritas," as well as conspiracy theorist Dinesh D'Souza, and failed Arizona GOP candidate Kari Lake.

The Guardian notes election denier and My Pillow CEO Mike Lindell also faces defamation suits from voting machine technology firms Dominion and Smartmatic.

Per the report, "The lawsuits are designed in part as a strategy of deterrence," as "those pressing the libel suits hope that anyone contemplating a renewed assault on next year's presidential election, in which Trump is once again likely to be the Republican candidate, will look at the potentially devastating costs and think twice."

Giuliani's trial — Protect Democracy's first in its series of defamation suits — is set to take place in federal court in Washington, DC on December 11.

"This is lawfare," Lindell told the Guardian. "Lawfare hasn't been used in our country since the late 1700s, and that's what they are doing."

READ MORE:Lawyers are ditching top Trump allies for not paying their bills: report

The right-wing conspiracy theorist argued, "I have a first amendment right. These defamation cases are damaging free speech – people are afraid to speak out, to come forward with anything."

Goodman emphasized in her interview that "the first amendment does not provide blanket protection for mendacity," saying, "It does not protect those who knowingly spread lies that destroy reputations and lives."

The lawyer added, "We aim to demonstrate that there is no immunity for spreading intentional and reckless lies. Ensuring accountability for intentional defamation is a crucial part of deterring election subversion from happening again in 2024."

:{*:{The Guardian's full report is here (subscription required).}:

---

rachel-goodman

General Inquiries– info@protectdemocracy.orgAnne Applebaum

Author, Senior Fellow at the SNF Agora Institute and the Johns Hopkins School of Advanced International Studies

Steven Levitsky

David Rockefeller Professor of Latin American Studies and Professor of Government, Harvard University.

Ruth Ben-Ghiat

Professor of Italian and History, New York University

John McKay

Former United States Attorney for the Western District of Washington

Sheri Berman

Professor of Political Science, Barnard College, Columbia University

Michael Miller

Professor of Political Science, The George Washington University

Mona Charen

Policy Editor, The Bulwark, Columnist, and Former Speechwriter to First Lady Nancy Reagan

Yascha Mounk

Professor of the Practice of International Affairs, Johns Hopkins University

Linda Chavez

Chairman, Center for Equal Opportunity, Columnist, and Former White House Director of Public Liaison to President Ronald Reagan

Brendan Nyhan

Presidential Professor of Government, Dartmouth College

Erica Chenoweth

Frank Stanton Professor of the First Amendment, Harvard Kennedy School

Spencer Overton

Professor of Law, The George Washington University School of Law

Tom Coleman

Former U.S. Representative (R-MO)

Thomas Perrelli

Former Associate Attorney General of the United States

John Dean

Former White House Counsel

Richard Primus

Theodore J. St. Antoine Collegiate Professor of Law, University of Michigan Law School

Matthew Dowd

Author, Political Analyst, and Former Chief Strategist, Bush-Cheney 2004

Mickey Edwards

Former U.S. Representative (R-OK)

Jennifer Richeson

Philip R. Allen Professor of Psychology, Yale University

Mindy Finn

CEO, Citizen Data and Founder, Stand Up Republic

Kim Lane Scheppele

Laurance S. Rockefeller Professor of Sociology and International Affairs and the University Center for Human Values, Princeton University

Michael Gottlieb

Former Assistant United States Attorney and Associate White House Counsel

Timothy Snyder

Richard C. Levin Professor of History, Yale University

Aziz Huq

Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School

Donald Verrilli

Former Solicitor General of the United States

Marcos Daniel Jiménez

Former United States Attorney for the Southern District of Florida

Kimberly Wehle

Professor of Law, University of Baltimore and Former Associate Independent Counsel in the Whitewater Investigation

Khizr Khan

Lawyer, Constitutional Rights Advocate and Author

Evan Wolfson

Founder, Freedom to Marry

Rachel Kleinfeld

Senior Fellow, Carnegie Endowment for International Peace

Daniel Ziblatt

Eaton Professor of the Science of Government, Harvard University

---

---