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I suspect that Spicer would be considered a public figure and the libel laws often do not apply, unless one can show malice by the AP.
Note the forum: "US Constitution" -- not Current Events or Politics. This is not (particularly) a story about Sean Spicer. It is a story about the First Amendment and whether it can be curtailed at will.
Spicer Threatens Legal Action over AP Report
>> Former White House press secretary Sean Spicer is threatening to take legal action against The Associated Press over a report from the wire service about an incident on his book tour.The AP report in question is in the link worded "AP Report". The actual video of the incident taking place, in full, is at the link worded "NewportRI.com".
Spicer’s attorney Michael Bowe said in a statement Saturday night that the AP “recklessly republished a categorically false accusation about Sean Spicer.”
“The claim is a lie. Absent an immediate retraction, Mr. Spicer will take legal action Monday,” Bowe said.
The AP report, published Saturday, documented an incident at Spicer’s book signing in Middletown, R.I., on Friday during which a black man claiming to be a former classmate of Spicer’s at Portsmouth Abbey School accused Spicer of using a racial slur.
... Video of the encounter published by NewportRI.com shows the man, identified as Alex Lombard, approaching Spicer at event.
"Sean, I was a day student at [Portsmouth] Abbey, too, with you,” Lombard said.
“Hey," Spicer replies. "Yes, how are you?”
You don’t remember that you tried to fight me?" Lombard said. "But you called me a [n-word] first."
The video then shows security escorting Lombard out of the event.
"I was 14 then. I was a scared kid then, Sean. I’m not scared to fight you now," Lombard can be heard yelling. <<
Obviously the event happened. You can't deny what's clearly visible and audible on video --- yet here's Spicer's attorney threatening just that.
In his campaigning in 2016 Spicer's ex-boss Rump infamously declared he would "open up" libel laws to intimidate journalism and control the flow of information.
Perhaps Spicer wishes that could have been a real thing*.
(* "Congress shall make no Law respecting an establishment of Religion, or prohibiting the free Exercise thereof; or abridging the Freedom of Speech, or of the Press; or the Right of the People peaceably to assemble, and to petition the Government for a redress of Grievances".)
Long live the First Amendment.
Well, libel is not protected by the First Amendment.
Libel isn't. But censoring the free press is.
When Rump uses the word "libel", what he's actually talking about is his own butthurt snowflakery.
The free press cannot get away with libel.
The free press is subjected to protections, but doesn't have all speech protected, just like everyone else.
Once AGAIN there is no "libel" involved here.
And to be accurate I didn't see Spicer or his attorney bring up "libel". It was only mentioned in the OP (me) as a related background. I have no reason to suspect that they're going to try to claim "libel". Nor can they.
I was making a point about how freedom of speech doesn't cover all speech.
Clearly it covers reporting the simple who/what/where/when of an event. And that's all this is.