‘A Bit of Divine Justice’: Candidate Trump Vowed to Change Libel Law. But Not Like This.

When Donald J. Trump was running for president, he promised to “open up our libel laws.” No one quite knew what he meant. Recently President Trump started to make good on his campaign pledge. But he did so inadvertently — as a libel defendant on the losing side of a decision that will help victims of sexual misconduct sue when they are called liars. These days, a remarkable number of libel suits, including ones against Bill Cosby, Bill O’Reilly, Roy S. Moore and President Trump, have been filed by women who say they were defamed by men who denied their accusations of sexual misconduct. Courts have struggled with such suits. Calling someone a liar can be an insult, an opinion or hyperbole, all of which are protected by the First Amendment. But an assertion of fact soberly presented from someone in a position to know the truth can amount to libel. A lot depends on context, and courts have had a hard time drawing a line. Two recent decisions in libel suits against President Trump have helped clarify matters.