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Originally Posted by BobClark
Eh, I'm no lawyer, but that sounds thin at best. O'Reilly doesn't host a news show. He hosts an op-ed show. Should every pundit be charged with slander for publicly casting doubt on a politician's motives? For calling Bush a liar? For calling OJ a murderer? For calling 911 widows opportunistic shrews?
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It's been a while since my Media Law class as an undergrad, but I remember (and Wikipedia is refreshing my memory to some extent) that the law makes some distinctions between public figures like Bush, OJ, etc. and private citizens like this kid in these instances due to New York Times v. Sullivan. It basically amounts to having a higher burden of proof - proving actual malice on the part of the accused libeler - when it comes to public figures. Since this kid didn't intentionally put his name out there, it's not necessary to prove that O'Reilly meant direct harm to him, so there's more of a case to be made on his behalf.
I'm
pretty sure this covers both libel (printed speech) and slander (transitory speech), but I may be wrong about that. Perhaps one of the lawyers here can clarify.