Want to strike a blow against cancel culture and the power of the media? Then don’t simply complain, do something: Make it legally risky to throw around the allegations that are a canceller’s bread and butter. Expand defamation law, and make clear that bogus accusations of being a “racist” or “white nationalist” are factual smears and defamatory per se.
Axios "Over the course of a six-week trial, Depp pulled off a stunning reversal of public opinion. Just four years ago, Depp was a villain in the public’s eyes, after Heard made sensational abuse allegations (ghostwritten by lawyers with the ACLU) in the pages of the Washington Post. But Depp conclusively showed that he, not Heard, was the victim of long-running domestic abuse. And while members of the media class shrieked in horror, the vast majority of onlookers were happy to see Depp emerge victorious, extracting about $10 million in damages from Heard.
"Captain Jack Sparrow’s big win is proof that America’s courts remain a venue where Americans can defend their reputations and win justice for themselves, without playing by the ever-changing rules of a sinister and malicious media. And Depp’s win also demonstrates the viability of defamation law, specifically, as a way to vindicate one’s reputation against media smears. Defamation laws don’t just exist for deep-pocketed celebrities. They provide a path for all American patriots to win important victories, and at this very moment patriotic legislatures can help more plaintiffs achieve them.". . .
. . .Traditionally, four types of false allegations have been considered severe enough that they constitute defamation per se:
Claiming a person was involved in criminal activity
Claiming that a person was unethical or incompetent in their professional conduct
Claiming a person has some kind of contagious or loathsome disease.
Claiming a woman is unchaste or has otherwise engaged in sexual misconduct (Yes, in an age of slut pride parades, questioning woman’s chastity is defamatory per se. Historically, this tort was only available for women, though many jurisdictions now allow it for men also)
"It’s time for this list to expand. Today, there is no false accusation thrown around more freely, and with greater harm, than the claim that a person is a “racist,” “white nationalist,” or “white supremacist.” It’s time that our courts adapted accordingly. America’s courts should adopt the standard that falsely accusing someone of being a racist, or of being a white nationalist, is per se defamation.". . .
Given profound influence of disparate impact and "civil rights" law on the foundation of the American legal system and (by extension) economy, incredible that questioning a woman's chastity is considered defamation per se, and calling someone "racist" or "white nationalist" isn't
— Darren J. Beattie 🌐 (@DarrenJBeattie) June 1, 2022
