If a judge is called ‘corrupt’ by a defendant outside court in front of the media, or if something more unambiguously libelous is said, can the judge sue the defendant?

  • meco03211@lemmy.world
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    6 months ago

    The short answer is “yes” if you define “suing” as filing a lawsuit with a court. Anyone can file a lawsuit in court for pretty much any reason. Whether or not it goes anywhere depends on the strength of the claim and other factors.

    The longer answer is still “yes” if you narrow your definition of “suing” to filing a legitimate lawsuit with the potential to be successful. Judges are still people and can suffer real damage due to libelous or slanderous claims. There are certain elements that must be proven to be successful though. One of the defenses is for rhetorical hyperbole. As a hypothetical example, if a defendant with a penchant for grandiose and bombastic hyperbole and known for calling everything and everyone under the sun “corrupt” because he’s a pathetic baby calls the judge corrupt, it would likely fail based on the comment being rhetorical hyperbole. It would be similar to saying someone “killed” another person when no actual murder took place and it was like a verbal smack down.