According to FindLaw, a defamation lawsuit can only be successful if the plaintiff can:
- Prove the defendant made a false and defamatory statement about the plaintiff. Both the trial court and the appeals court found that President Trump’s remarks were opinions without a “precise meaning.”
- Prove the defendant made an unprivileged publication to a third party. It appears that Trump was responding to what Jacobus said about him during a television appearance.
- Prove that the publisher acted negligently in publishing the information.
- May have to prove that they suffered some sort of monetary damage because of what was said.