Liberal Forum

Should Fluke sue Limbaugh for defamation?Gil Cranberg, an expert on libel law and no fan of defamation suits, would give the go-ahead. He says Limbaugh, by attacking the Georgetown Law student three days in a row, intended to damage her and her reputation" and that "his actions were aggravated and egregious.By Gilbert CranbergRush Limbaugh handed his lawyers a hot potato when he thuggishly attacked a Georgetown University law student, Sandra Fluke, for her support of contraception. Among other things, he called Fluke a [promiscuous person] and a prostitute. Limbaughs lawyers evidently urged an apology, for he then admitted that he chose the wrong words.my choice of words was not the bestI sincerely apologize to Ms. Fluke for the insulting word choices.An apology is a good way to head off a defamation suit. Fluke is reported to be contemplating one. The downside of an apology is that in the event a suit is filed, anything admitted in the apology can be used in court. You can bet that Limbaughs admission that he insulted Fluke will be cited against him.I am not a fan of defamation suits, either against the press or against individual journalists. Debate on public issues, the Supreme Court has said, should be robust and wide open. Defamation actions can inhibit debate. That said, I hope Sandra Fluke takes Limbaugh to court.Read MoreSandra Fluke's status as a private citizen makes her entitled to stronger protection against slander than someone who lives their life very much in the public eye. So, there's a strong chance she could beat Rush big time.