E. Jean Carroll Cass Shouldn't Be A Defamation Case Cause It's A Free Speech Case!

Discussion in 'Law & Justice' started by JimfromPennsylvania, Jan 18, 2024.

  1. JimfromPennsylvania

    JimfromPennsylvania Active Member Past Donor

    Mar 9, 2010
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    This E. Jean Carroll defamation case currently on trial against Donad Trump is so wrong, words cannot even begin to fully describe the wrongfulness of this case. This case is an assault on the constitutional and fundamental right of free speech, this civil right is not just a civil right it is one of around a handful of core rights which make up the bedrock of America. If you get rid of all the drama around this case, what this case boils down to is person A accused person B of a crime and person B says it never happened, the allegation are all a bunch of lies. The right of free speech holds great importance for many reasons and it would be difficult if not impossible to come up with a more important reason for the right of free speech than the right to defend oneself against the accusations one committed a crime. The meaning and ramification of this trial is that it will henceforth going forward in America be against the law and will make one liable for civil damages if one is accused of a crime and found guilty or found liable by a court and after the trial one still claims his or her innocence. Just think about the manifest injustice of this type of law in American if it is able to hold status as the law of the land. Just think of how many criminal cases, murders and rapes, in America over our history that have had convictions but the convictions were later overturned because a witness(s) was either coerced or manipulated to testify or a confession was obtained through trickery or pressure or DNA testing cleared the convicted person. This interpretation of American law promulgated by this case will mean for defendants wrongly convicted of a crime in America and if such a person continues to claim his or her innocence that the complainant or victim is lying or not telling the truth than that person will be subject to a defamation case or either further criminally prosecuted for contempt of court. This is completely unjust for it will suppress a wrongfully convicted person's right and ability to pursue overturning that wrongful conviction; frankly, it is shocking that such an anti-American law would have the possibility of actually being in effect our country!

    This current case against Donald Trump seems so incredibly unjust from another standpoint. This current case is called Carroll I because the wrongful conduct occurred in 2019 and there was another case called Carroll II for wrongful conduct that occurred in 2022. Now the Carroll II case has already been concluded and Trump was found liable for battery/sexual assault and defamation because Trump said the sexual assault never occurred in 2022 and the jury said it did. Now the present case Carroll I in part is for the same type of defamation charge but for statement made by Trump three years earlier. Now the second case because it is the same basic issue whether or not the defendant Donald Trump defamed E Jean Carroll, the Judge in the second case said this issue is already resolved by the jury in the Carroll II case which found that Trump defamed Ms. Carroll and the only issue left in the current case Carroll I is for the jury to determine the amount of the damages. The extreme injustice here is that the plaintiff or the court should have combined the defamation charges in both cases into one case because it does not seem possible to say that the jury hearing the 2022 defamation charge was able to determine the damages solely by the 2022 statement it is not possible for the jury not to have factored in for determining damages the harm caused by the 2019 defamatory statements of the defendant on E. Jean Carroll's life. This case should be thrown out on the legal doctrine of res judicata because the issue involved was largely considered in last years case on the 2022 defamation statement!

    For the record I am not a supporter of President Trump or candidate Trump and have no interest in defending him on such basis, I whole heartedly hope he isn't elected President of the United States this year. Because Donald Trump cannot be trusted to do what is good on anything of significant importance; it is even worse than that if elected the next President, the American People can be guaranteed President Trump will do at minimum a number of meaningful bad things because his track record shows clearly he is regularly not capable of appreciating the good, his character is so depraved he is often not capable of identifying the good and the importance of adhering to it in situations!

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