Does Seth Rich's Family Have a Potentially Strong Libel Case Against Fox News?

Yes, the Rich family does have a potentially strong libel case against Fox News if certain conditions are met. However, the legal landscape surrounding this issue is complex and filled with challenges.

Summary of the Case

The case originated from a FALSE report by a D.C. affiliate station, which suggested that Seth Rich, a DNC staffer killed in 2016, was in contact with WikiLeaks in the days leading up to his death. This implication raised questions about the DNC's WikiLeaks scandal, which was attributed to Russian hackers. While Fox News has acknowledged bringing this case, the legal status of libel claims against deceased individuals and the burden of proving actual malice pose significant challenges.

The Legal Framework

Defamation vs. Deceased Individuals

Under de facto law, it is difficult for surviving family members to bring a defamation suit on behalf of a deceased individual. The primary reason is that the deceased no longer has a reputation to defend. In the words of an old adage, you cannot defame the dead. As a result, many common law jurisdictions prohibit bringing defamation suits by the estates of the deceased and prohibit making defamatory statements to mislead family members as well.

There are, however, some exceptions to this general rule. Many states allow defamation claims to be brought by a living person who dies during litigation, making sense as the plaintiff would have suffered some harm prior to his or her death. Certain states, including Texas and Rhode Island, recognize libel as false statements that damage the memory of the deceased. However, such lawsuits must prove that the defamatory statements also harmed the surviving family members. As the Gonzales v. Times Herald Printing Co. case in 1974 stated, defamation of a deceased person does not give rise to a right of action at common law in favor of surviving spouses or relatives unless they are also defamed.

Legal Exceptions and Challenges

Despite these exceptions, the Rich family's claim faces significant hurdles. Even if they can maintain a cause of action, the claims would need to prove that the statements were false and caused harm, which is challenging. Furthermore, being falsely accused of being a traitor to your employer or political party is generally considered defamatory. However, Rich, as a political figure, would likely be considered a limited-purpose public figure, meaning that the story would need to have been made with actual malice, knowing or reckless disregard for the truth. This is a high bar to clear.

Conclusion

While the Rich family's claim may seem strong on the surface, the legal issues surrounding libel and defamation of a deceased individual present significant challenges. Unless substantial evidence can demonstrate that Fox News intentionally spread false and damaging information, the claim is unlikely to succeed. It is crucial for those considering such claims to consult a licensed attorney to navigate the complex legal landscape.

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