Conspiracy theorist Alex Jones arrived at a Texas courthouse for his defamation trial for calling the Sandy Hook Elementary School attack a hoax with the words “Save the 1st” scrawled on tape covering his mouth.
Typically, the first question jurors answer at trials is whether the speech qualifies as unprotected defamation. If it does, they address the question of damages.
Jones, who had said actors staged the shooting as a pretext to strengthen gun control, later acknowledged it occurred.Defamation must involve someone making a false statement of fact publicly — typically via the media — and purporting that it’s true. An opinion can’t be defamatory. The statement also must have done actual damage to someone’s reputation.
The high court, however, has said those who temporarily enter public debates can become temporary public figures. Jones can’t argue that he’s not liable for damages on the grounds that his speech was protected. The judge already ruled he is liable. But as a way to limit damages, his lawyers can argue that his speech was protected.
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