Politicians May Sue Opponents For Defamation

By Amy E. Feldman

PHILADELPHIA (CBS) - It hardly seems like campaign season without an onslaught of negative political ads. Can a candidate sue for defamation?

Chris Mitchum, son of actor Robert Mitchum, was a Republican candidate in a California election last November. He lost, conceded defeat, and wished his opponent well. Just kidding. He sued her for defamation, saying her ads made him look like a narrow minded Tea Partier.

Really? That's the group in your own party you want to alienate? Also, really? You're suing for defamation?

Can a candidate ever win a case for defamation?

The answers in order are: I know, seems like a bad strategy. And: you can, but it's very hard to win.

In order to prove defamation, a private person has to prove that the defendant made a false statement of fact to others that harmed the person's reputation or ability to earn a living.

It's much harder for a public person like a celebrity or public official to prove he was defamed because a public person has to prove that the defendant had actual knowledge of the falsehoods and that the statements were made with malice.

Maybe a better strategy was to use his father's quote about unflattering press articles about him: "They're all true - booze, brawls, broads, all true. Make up some more if you want to."