carbonjam72
Master Poster
- Joined
- Apr 24, 2014
- Messages
- 2,324
It depends on the claimant and the nature of the libel. How much is the case worth and how clear are the issues? Also, an indigent defendant will not be able to afford a professional defence and will be easy prey. There are plenty of people who own a house with equity in it even if they have little else and it's easy to research that. That could be enough by itself to make a claim worthwhile and at the same time to put the fear of God (losing one's home being a mighty threat after all) into all but the most demented nutcases, precipitating an early apology and settlement.
I think this is a key point is the costs inflicted on the litigant.
While the burden of proof is much higher for proving libel in the US, the tradition is that each side bears the cost of their own legal fees, in all but the most egregiously ill founded claims. Whereas in the UK, IIUC, the loser picks up the legal fees for all parties.
So in the US, even a prevailing party is likely to pay their own legal fees. Just getting sued, is itself a potentially significant penalty to a defendant. Most people would prefer to avoid if at all possible.
So what is the object of the litigation? To recover cash compensation? Or to get them to stop a behavior?
The mere threat of litigation itself, can be a powerful deterrent, anywhere I imagine. But in the US, it a much more affordable, cost effective strategy. It costs next to nothing to file a complaint, and the only costs are ones own fees. If you have people working pro bono, but I'm not sure their are many pro bono lawyers willing to do defamation suits, but maybe in this case.