# If all these women are lying, why hasn't Cain filed slander lawsuits against them? **URL:** \ **Category:** Politics & Elections\ **Created:** [December 1, 2011, 6:43pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729 "2011-12-01T18:43:03Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Snow\_Pea](https://avatars.discourse-cdn.com/v4/letter/s/dbc845/32.png) [@Snow\_Pea](https://boards.straightdope.com/u/Snow_Pea)\ **Post date:** [December 1, 2011, 6:43pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/1 "2011-12-01T18:43:03Z")
Title sums it up. Why? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [December 1, 2011, 7:00pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/2 "2011-12-01T19:00:00Z")
He’s a [public figure](http://en.wikipedia.org/wiki/Defamation#United_States). > [@](#): > > The 1964 case New York Times Co. v. Sullivan, however, dramatically altered the nature of libel law in the United States by elevating the fault element for public officials to actual malice—that is, public figures could win a libel suit only if they could demonstrate the publisher’s “knowledge that the information was false” or that the information was published “with reckless disregard of whether it was false or not”. Later Supreme Court cases dismissed the claim for libel and forbade libel claims for statements that are so ridiculous to be clearly not true, or that involve opinionated subjects such as one’s physical state of being. Recent cases have addressed defamation law and the internet. The women who won settlements have an obvious defense. The most recent woman who claims an affair also claims to have proof. There is no obvious way of disproving her claims in a he said, she said situation that the courts hate. In addition to having to prove that the claims were both false and maliciously made, Cain would have to show that he has been materially damaged by the claims. That’s hard for most people to do, and especially hard for Cain. What damage could he claim - that he isn’t going to be the nominee? He had a 0% chance before any of the claims came out. At most, he could at some time in the future try to claim that the lucrative speaking fees and book contracts have dried up, but trying to peg that to these claims rather than his previous and self-inflicted behavior would be impossible. Here’s [one site’s view on such lawsuits](http://www.expertlaw.com/library/personal_injury/defamation.html). > [@](#): > > Why Commencing A Defamation Action Is Not Aways A Good Idea > > While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea. > > The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved. > > Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery. > > Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true. > > In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted. A lawsuit would be expensive and self-defeating. Not only would it be almost impossible to win, it would focus every minute of every reporter’s attention on the claims rather than on his campaign. That’s why politicians never sue. It’s suicide. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [December 1, 2011, 8:30pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/3 "2011-12-01T20:30:57Z")
Yeah. That, and he’s probably completely full of shit. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [December 2, 2011, 5:01am UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/4 "2011-12-02T05:01:47Z")
_Probably_? ---
**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\ **Post date:** [December 2, 2011, 3:00pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/5 "2011-12-02T15:00:29Z")
> [@VinylTurnip](#): > > That, and he’s probably completely full of shit. Sure, but the OP’s question is based on the assumption that he’s not. ---
**Author:** ![Duke](https://avatars.discourse-cdn.com/v4/letter/d/e8c25b/32.png) [@Duke](https://boards.straightdope.com/u/Duke)\ **Post date:** [December 2, 2011, 3:06pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/6 "2011-12-02T15:06:24Z")
> [@cckerberos](#): > > Sure, but the OP’s question is based on the assumption that he’s not. Yeah, but that’s kind of like trying to prove a negative, isn’t it? “If I was 7 feet tall, why am I not playing for the Los Angeles Lakers?” ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [December 2, 2011, 5:58pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/7 "2011-12-02T17:58:51Z")
> [@Duke](#): > > Yeah, but that’s kind of like trying to prove a negative, isn’t it? “If I was 7 feet tall, why am I not playing for the Los Angeles Lakers?” So I was thinking about this last night. I loathed W and grudgingly respect Obama. Both got accused by their enemies of every sin under the sun: torture, lying, cronyism, corruption, racism, worshipping Allah, whatever you can think of. Some of the accusations were on-point, others weren’t. But neither one got plausibly accused of having an affair. (I say “plausibly” because I’m sure there’s some nutcase out there that has made such an accusation, but no accusations, AFAIK, rose to the level of interesting even the tabloid press). If being a major politician necessarily meant taking actions that opened yourself to false charges of infidelity, I certainly would have expected such accusations to have occurred against our last two presidents. The fact that they didn’t occur suggests to me that politicians that don’t want to face such accusations have a pretty safe path: don’t have affairs. ---
**Author:** ![Snow\_Pea](https://avatars.discourse-cdn.com/v4/letter/s/dbc845/32.png) [@Snow\_Pea](https://boards.straightdope.com/u/Snow_Pea)\ **Post date:** [December 2, 2011, 6:04pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/8 "2011-12-02T18:04:56Z")
> [@Exapno\_Mapcase](#): > > He’s a [public figure](http://en.wikipedia.org/wiki/Defamation#United_States). … > A lawsuit would be expensive and self-defeating. Not only would it be almost impossible to win, it would focus every minute of every reporter’s attention on the claims rather than on his campaign. That’s why politicians never sue. It’s suicide. Ok thanks, great answer. I guess on retrospect, what I was really wondering is why he doesn’t go on national TV and _claim_ he’s suing them. That would restore a tiny bit of credibility (for some voters anyway), and of course, he never actually goes to court. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [December 2, 2011, 6:17pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/9 "2011-12-02T18:17:32Z")
> [@Left\_Hand\_of\_Dorkness](#): > > But neither one got plausibly accused of having an affair. (I say “plausibly” because I’m sure there’s some nutcase out there that has made such an accusation, but no accusations, AFAIK, rose to the level of interesting even the tabloid press). I know there was a guy in Chicago who said he’d smoked crack with Obama and then had sex with him. The press indulged him for about a day, but he was an obvious loon. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [December 2, 2011, 6:47pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/10 "2011-12-02T18:47:05Z")
> [@Snow\_Pea](#): > > I guess on retrospect, what I was really wondering is why he doesn’t go on national TV and _claim_ he’s suing them. That would restore a tiny bit of credibility (for some voters anyway), and of course, he never actually goes to court. Same answer. As soon as he says this, the only questions would be about the suit. When will it be filed? Why haven’t you filed it yet? Are you lying about filing? Are you harassing and intimidating them? Why aren’t you putting your money where your mouth is? Suicide. No variation can possibly work. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [December 2, 2011, 7:49pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/11 "2011-12-02T19:49:14Z")
> [@cckerberos](#): > > Sure, but the OP’s question is based on the assumption that he’s not. True. I have an answer, but it only applies to spherical Cains in a vacuum. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [December 2, 2011, 8:01pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/12 "2011-12-02T20:01:05Z")
Are those the beads some of my more perverted friends have? You know, the ones you shove…well, never mind. “Cain beads”, it is! ---
**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\ **Post date:** [December 2, 2011, 8:03pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/13 "2011-12-02T20:03:17Z")
> [@elucidator](#): > > Are those the beads some of my more perverted friends have? “Friends” eh? ---
**Author:** ![42fish](https://avatars.discourse-cdn.com/v4/letter/4/b487fb/32.png) [@42fish](https://boards.straightdope.com/u/42fish)\ **Post date:** [December 2, 2011, 11:43pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/14 "2011-12-02T23:43:58Z")
What do you do if your Cain beads get covered in Santorum? Need answer fast! (Note: I’m asking on behalf of a friend.) ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [December 3, 2011, 2:38am UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/15 "2011-12-03T02:38:58Z")
If Cain sued, one of two things would happen: The suit would get thrown out because Cain could not possibly establish all the points mentioned above. In which case, everyone would say “Aha, he sued and lost. Therefore he IS guilty!” Or, assume that Cain somehow managed to overcome every legal obstacle and successfully prove he had been slandered. First off, it would come too late – the suit would take months, if not years to wind its way through even the first round of the courts. Secondly, a large number of people would assume he’d bought the jury, or the judge, or whatever it took. Look at Obama and the birth certificate flap. First off, the birthers had no evidence behind their claim that Obama was born anywhere other than he claimed to be. Then, the birth certificate Obama did show wasn’t good enough; they demanded he come up with the “long form.” Then, when he released that, they claimed it had been Photoshopped. At least no one has (yet) claimed Cain fathered their illegitimate child or paid for their abortion. ---
**Author:** ![Ca3799](https://avatars.discourse-cdn.com/v4/letter/c/9f8e36/32.png) [@Ca3799](https://boards.straightdope.com/u/Ca3799)\ **Post date:** [December 3, 2011, 11:31am UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/16 "2011-12-03T11:31:28Z")
Also, evidence would have to be produced. Cain may not like to have the details of the sexual harassment settlements or his text messages to Ginger White made public. ---
**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\ **Post date:** [December 21, 2011, 7:49am UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/17 "2011-12-21T07:49:55Z")
> [@](#): > > I loathed W and grudgingly respect Obama. Both got accused by their enemies of every sin under the sun: torture, lying, cronyism, corruption, racism, worshipping Allah, whatever you can think of. Some of the accusations were on-point, others weren’t. According to certain … sources … Obama had several gay affairs then murdered the men he was sleeping with. [http://www.theconservativeshepherd.com/forum/topic.php?id=9](http://www.theconservativeshepherd.com/forum/topic.php?id=9) ---
**Author:** ![Ca3799](https://avatars.discourse-cdn.com/v4/letter/c/9f8e36/32.png) [@Ca3799](https://boards.straightdope.com/u/Ca3799)\ **Post date:** [December 21, 2011, 8:25am UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/18 "2011-12-21T08:25:26Z")
Also, I’m still waiting to hear the “big news” Trump promised to reveal after he sent his private investigator to Hawaii to investigate Obama’s birth certificate… ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [December 22, 2011, 6:08pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/19 "2011-12-22T18:08:02Z")
There’s a very good reason why he isn’t pursuing libel suits, which **Exapno Mapcase** laid out nicely. There isn’t a very good explanation for why he isn’t pursuing a breach of contract claim against them for violating the terms of the settlements. (I know the National Restaurant Association paid the settlement funds, but I assume Cain was a party to the agreements since he was the obvious beneficiary). ---
**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\ **Post date:** [December 22, 2011, 7:49pm UTC](https://boards.straightdope.com/t/if-all-these-women-are-lying-why-hasnt-cain-filed-slander-lawsuits-against-them/604729/20 "2011-12-22T19:49:48Z")
> [@Really\_Not\_All\_That\_Bright](#): > > There’s a very good reason why he isn’t pursuing libel suits, which **Exapno Mapcase** laid out nicely. There isn’t a very good explanation for why he isn’t pursuing a breach of contract claim against them for violating the terms of the settlements. > > (I know the National Restaurant Association paid the settlement funds, but I assume Cain was a party to the agreements since he was the obvious beneficiary). I missed when the women who received settlements were talking to the press about the settlements. I heard some stuff in the press a few months ago saying the until the women were released from the non disclosure part we wouldn’t know the details. Have things changed?