IDEA:
CROSS REFERENCE THE PEOPLE MAGGIE RETWEETED THE OTHER DAY WITH PEOPLE WHO SPREAD AND MOCKINGBIRD RETWEETED THE COHEN FAKE NEWS
IDEA:
CROSS REFERENCE THE PEOPLE MAGGIE RETWEETED THE OTHER DAY WITH PEOPLE WHO SPREAD AND MOCKINGBIRD RETWEETED THE COHEN FAKE NEWS
Intentional Infliction of Emotional Distress is usually a pretty weak tort. Has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
Trump or Cohen have much better chance at defamation. First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.
Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.
Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.
Fourth, in some cases, the plaintiff must prove special damages.