FILE – In this Sept. 27, 2018 file photo, then Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington. Just 1 in 4 people think Brett Kavanaugh was completely honest during his pivotal testimony last month to the Senate Judiciary Committee. That’s according to a poll by The Associated Press-NORC Center for Public Affairs Research. (AP Photo/Andrew Harnik, File, Pool)
According to New York Times vs Sullivan, a public figure needs to prove actual malice, or reckless disregard for truth/falsehood before a newspaper can be held liable for defamation against him (or her).
Which brings us to Brett Kavanaugh and the Washington Post.
The Washington Post refused to print the allegations against Virginia Lt. Governor Justin Fairfax, when he was running for office, despite there being more verifiable details in his accusers’ stories, and confirmation from Fairfax that he and an accuser had met and had a sexual encounter.
Yet a year later the Washington Post was all too happy to post the uncorroborated allegations against Kavanaugh as a minor, despite the lack of any evidence that he and his accuser had ever met.
Now, they are refusing to publish allegations against Joe Biden, despite the fact that his accuser was provably a member of his staff as a Senator.
Clearly, like Alyssa Milano, the Washington Post only Believe[s] Women™ when they’re accusing Republicans.
That should, on its face, meet the threshold for either reckless disregard for truth (especially given the reasons the Washington Post has given for demurring on publishing the allegations against Fairfax and Biden) or malice (against Kavanaugh for being a Republican and facing a vote to be a Supreme Court Justice).
Being a Supreme Court Justice doesn’t take away Kavanaugh’s civil right as a citizen to access the courts for redress.
And second; his decision to not seek legal restitution for the deliberate false attack on his good name has not gained him anything.
His magnanimity has been rewarded with no expression of remorse by his accusers and their enablers. Neither have they shown even a modicum of regret for the pain his wife and kids were put through.
A pattern has been established. Justice Kavanaugh should sue the Washington Post.