THE LEAD: Dominion Voting Services has settled its lawsuit with former NYC Mayor Rudy Giuliani over his baseless claims that the 2020 presidential election was rigged. Dominion had sued for $1.3 billion, but the actual settlement was not immediately disclosed.

The company’s suit against Giuliani was based on statements the onetime presidential hopeful made on social media, on conservative news outlets and during legislative hearings in which he claimed the company conspired to flip votes to Biden.

Dominion’s lawsuit was among a series of legal and financial setbacks for Giuliani stemming from his role in spreading election conspiracy theories.

DOCTOR OF PAPER FLASHBACK: We covered Dominion’s situation when it sued Fox News for $1.6 billion back in 2021. The sides eventually settled the suit for $800 million.

If the “meet-in-the-middle settlement principle” holds true, Giuliani might be on the hook for about $650 million, although he’s already financially crunched due to the loss he sustained for maligning two Georgia poll workers. He’s been trying to declare bankruptcy, but a federal judge tossed that out in 2024, so I’m sure the creditors will continue to circle.

A SHORT, BASIC LEGAL PRIMER ON DEFAMATION: When we cover defamation in the writing and reporting classes, we tend to keep things pretty simple. Obviously, the law is rarely as clean cut as what we’re describing below, but it does at least give you a basic look at what these things tend to require.

We usually start with what we call the “minimum basic requirements” for a viable lawsuit. In other words, you have to prove these basic things just to get on the dance floor, so to speak:

Identification: Can I figure out the person/group/company that is being subjected to this potentially defamatory action? This can be naming someone (“Mayor Bill Smith of Springfield stole money from the Veterans Affairs account.”) or through identification that is obvious to a reasonable individual (“The principal of Smithville Elementary in Smithville, Ohio, who shall remain nameless, has installed illegal video cameras in the girls locker room.”).

Publication: Has the information been sent to someone other than the person who claims to be defamed? Defamation can extend across all media. People usually think about “publication” as being something disseminated via a newspaper or magazine, but that’s not the case. Sharing information through almost any channel or platform can fit this standard. I used to say that you could libel someone on a gum wrapper if you put your mind to it. That’s not that far afield from the truth, in that defamation suits have been put forth over broadcast reports, press releases, advertising and social media posts.

Defamation: Does the statement associate the person with illegal affairs or other nasty business? In most cases, we see issues of criminality here, but it doesn’t mean that this is the only way you can cover this base. Accusing people of being associated with a “loathsome disease” also fits here. So not only could you be in trouble for stating, “Johnny Smith shot a man in Reno, just to watch him die,” you could also be in trouble for saying “Johnny Smith is the reason for the chlamydia outbreak in the Delta Delta Delta house.”

Harm: Did the statements cause damage to the person/group/whatever claiming defamation? I remember once a situation in which a group of little… student government people was trying to get me fired as the adviser of the student newspaper. One of them took to the steps of the library wearing a sandwich board sign that essentially said I helped the paper steal about $74,000 from the university. The funniest thing about it was that he ended up misspelling my name on the sign, thus leading the newsroom kids of that era to refer to me as “Dr. Vinie Filk.”

I was basically blowing it off, but I asked one of my legal eagle buddies, if, just for fun, I decided to sue this kid, what were my chances of winning?

For starters, the guy told me, you’d probably need to prove that you are Dr. Vinie Filk. After we laughed at that, he hit me with the real issue: What’s the actual harm that’s come to you in this situation?

His point was that I couldn’t point to a specific negative thing that happened based on this kid doing this demonstration, other than that the kid was annoying the crap out of me. Had I lost my job, lost a promotion, gotten removed as adviser or a number of other things that were directly related to this kid’s actions, I could show harm.

As it stood, I basically was fine, so that’s how that cookie would crumble in court.

DOMINION GOES 4-FOR-4 AND THEN SOME: In the case of Rudy and Dominion, we can check all four boxes: The company was identified repeatedly in Giuliani’s statements, he was doing it on a boatload of platforms that went out to millions of people and he accused a voting company of rigging an election, something both illegal and “loathsome.”

Harm was easy to prove as well, given they could show actual losses related to statements made about how this company was a fraud. In the Fox suit, they stated easily a $600 million loss based on this nonsense, and that doesn’t count all the pain and suffering the Dominion workforce sustained when people who were all in a lather over this went after them.

ALL OFFENSE, NO DEFENSE: When a suit gets this far, we usually see one of two key defenses applied:

1. The statements, while clearly not nice, are actually true.
2. The statements were merely an opinion, so not subject to a suit of this kind.

Other defenses can apply here (The one former Trump lawyer Sidney Powell tried regarding hyperbole is an amazing example of chutzpah…) but for the most part, we’re looking at these two. The truth defense was shot to hell really early in all the Dominion suits, as no one could actually PROVE that the voting company was doing anything nefarious. The opinion defense we dealt with in the previous post on this topic, but it bears repeating here.

Opinions are statements that can neither be proven true or false. For example, “Dr. Filak is a lousy professor” fits the opinion because we can’t define what “lousy” means in any legal fashion. However, “Dr. Filak takes money for grades” is a statement we can prove to be true or false. In the Dominion case, it was clear these statements were meant to be taken as fact and stated as such, despite their falsity.

THE “ONE TO GROW ON” LESSON OF THE DAY: When these things happen, they should serve as a reminder to pretty much everyone who puts content into the public sphere that there are inherent risks in doing so. Over the past decade or so, we’ve gotten more and more comfortable with more and more people saying more and more outlandish stuff in the media and essentially getting away with it.

However, when someone actually decides that what is being said is a bridge too far and sues, what you might have thought of as “provocative” or “entertaining” might end up looking “coyote ugly” in the harsh light of the courts.