U.S. District Judge S. James Otero had ruled that Trump’s tweet at the center of the case was “rhetorical embellishment” secured by the First Modification instead of the character assassination alleged.
Daniels, born Stephanie Clifford, declared that she was threatened in a Las Vegas casino parking area in 2011 after consenting to comply with a publication that planned to publish a story on her supposed intimate relationship with Trump in2006
Daniels sued over an April 18, 2018, tweet in which Trump stated the sketch of a man who apparently threatened Clifford in 2011 was a “total con job.”
” Viewed through the eyes of an objectively sensible reader, the tweet here reflects Mr. Trump’s viewpoint about the ramifications of the apparently similar looks of Ms. Clifford’s ex-husband and the male in the sketch,” the three-judge panel ruled Friday.
” Mr. Trump’s recommendation to a ‘sketch years later on of a nonexistent guy’ signals that the allegedly defamatory conclusion that followed– that Ms. Clifford was pulling a ‘con task’ and ‘playing the Fake News Media for Fools’ – plainly worries the similarities between the sketch and the photograph of Ms. Clifford’s ex-husband. Because the tweet juxtaposing the 2 images was displayed instantly below Mr. Trump’s tweet, the reader was provided with the information underlying the apparently defamatory statement and was complimentary to draw his/her own conclusions.”.
Trump has actually rejected Clifford’s accusations about their relationship though Trump’s individual attorney at the time, Michael Cohen, organized to pay $130,000 to Daniels on Trump’s behalf as part of a hush arrangement a month ahead of the 2016 presidential election.