# Why aren't Jenny McCarthy et al. charged with crimes? **URL:** \ **Category:** Factual Questions\ **Created:** [December 2, 2012, 6:13am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742 "2012-12-02T06:13:17Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Dave\_Hartwick](https://avatars.discourse-cdn.com/v4/letter/d/7feea3/32.png) [@Dave\_Hartwick](https://boards.straightdope.com/u/Dave_Hartwick)\ **Post date:** [December 2, 2012, 6:13am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/1 "2012-12-02T06:13:17Z")
Jenny McCarthy and other conspiracy theorists make false statements all the time. Can’t it can be proven in court that they’ve caused harm as well? Or maybe I misunderstand libel. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [December 2, 2012, 6:15am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/2 "2012-12-02T06:15:46Z")
If you want something approaching a GQ answer, you’ll need to provide a cite to a statement actually made, and to a statute you think said statement may violate. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [December 2, 2012, 6:15am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/3 "2012-12-02T06:15:52Z")
Libel isn’t a crime. ETA: Okay, it turns out there’s such a thing as criminal defamation and some states have that crime. But who do you think is being libeled? I don’t think you can defame a disease or a chemical. ---
**Author:** ![DataX](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DataX](https://boards.straightdope.com/u/DataX)\ **Post date:** [December 2, 2012, 6:19am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/4 "2012-12-02T06:19:24Z")
I think it would have to be the vaccine manufactures that went after them, and they probably don’t want to do so for public image reasons. Personally I would love to see parents thrown in jail for not vaccinating their kids, but alas I am not in charge of these things. Also - Usually I read about libel cases with people and not products. ---
**Author:** ![Cerealbox](https://avatars.discourse-cdn.com/v4/letter/c/7ab992/32.png) [@Cerealbox](https://boards.straightdope.com/u/Cerealbox)\ **Post date:** [December 2, 2012, 6:34am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/5 "2012-12-02T06:34:14Z")
not a lawyer, just compelled to comment. mccarthy is simply stating her opinion. she’s not lying about anyone. imagine a society where you could take someone to court and have them silenced simply because their opinions weren’t what the majority believed. Now, if you want to sue Andrew Wakefield who originated the fraudulent study on the vaccine controversy, that’s something I can’t answer. ---
**Author:** ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)\ **Post date:** [December 2, 2012, 6:43am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/6 "2012-12-02T06:43:32Z")
You have this thing called the First Amendment in America. On the whole it is a good thing, but, like many good things (vaccines even!) occasionally it has unfortunate unintended consequences. ---
**Author:** ![Kolga](https://avatars.discourse-cdn.com/v4/letter/k/e56c9b/32.png) [@Kolga](https://boards.straightdope.com/u/Kolga)\ **Post date:** [December 2, 2012, 6:47am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/7 "2012-12-02T06:47:57Z")
Jenny’s just deluded . Wakefield, on the other hand, should be in jail, and the reason he is not is that I am not yet Goddess of the Universe. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [December 2, 2012, 6:48am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/8 "2012-12-02T06:48:20Z")
I could imagine people suing Andrew Wakefield for something like reckless endangerment of children, but no, that’s not what libel is. To successfully sue someone for libel or slander, you have to show that what the person said or wrote was false, you have to show that it harmed you (this is where the McCarthy example would fail), and that they didn’t make an effort to find out if it was true or acted with reckless disregard for its truth or falsehood. So that’s not easy. Spouting conspiracy theories doesn’t meet this standard either. [Here is a sample of McCarthy’s tripe.](http://www.huffingtonpost.com/jenny-mccarthy/vaccine-autism-debate_b_806857.html) She spouts a bunch of crap about vaccines being dangerous and linked to autism, but in this piece at least, she doesn’t accuse anybody of any crimes or wrongdoing. She’s misinformed and wrong but we have a right to our opinions. Nobody’s reputation is being damaged. People who listen to her might suffer, but she doesn’t bear all the responsibility for that. ---
**Author:** ![Inner\_Stickler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inner_stickler/32/318_2.png) [@Inner\_Stickler](https://boards.straightdope.com/u/Inner_Stickler)\ **Post date:** [December 2, 2012, 7:06am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/9 "2012-12-02T07:06:18Z")
> [@marley's link but from the comments](#): > > Face it parents - the MMR vaccine will put holes in your kids bowels, causing crohns bowel disease initially diagnosed as Colitis -and there is no cure. Kids will have their bowels removed and carry a bag the rest of their lives. Holy shit, I have crohn’s disease and I never even knew! ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [December 2, 2012, 7:39am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/10 "2012-12-02T07:39:57Z")
> [@](#): > > causing crohns bowel disease initially diagnosed as Colitis Damn if that doesn’t put a whole different spin on _Hotel California_… ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [December 2, 2012, 8:28am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/11 "2012-12-02T08:28:37Z")
Generally to be liable for negligence civility you have to actually be or holding youself out as an expert\* in your field and give advice which is of such a standard that is markedly lower than that of a competent and that should have led to the adverse event that occurred to the victim. In addition there has to be a relationship where it can be reasonably surmised that the victim would have relied on you and the victim was right to do so. For it to lead to criminal sanction not only do the above have to be fulfilled, but there usually is a requirement for it to be grossly negligent, meaning that your negligence betrays such a blatant disregard for the persons health and safety that it is criminal in nature. McCarthy is not under the head of either. Some jurisdictions permit their regulators to stop quacks from advertising this nonsense if there is a public interest in doing so. - Saying I know a lot because I have researched this is not quite enough to come under “holding out as an expert” ---
**Author:** ![Dave\_Hartwick](https://avatars.discourse-cdn.com/v4/letter/d/7feea3/32.png) [@Dave\_Hartwick](https://boards.straightdope.com/u/Dave_Hartwick)\ **Post date:** [December 2, 2012, 8:46am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/12 "2012-12-02T08:46:29Z")
> [@Oakminster](#): > > If you want something approaching a GQ answer, you’ll need to provide a cite to a statement actually made, and to a statute you think said statement may violate. No, actually, I was happy with the answers I got, although the “we have this thing called the First Amendment” one was pretty useless. ---
**Author:** ![Hail\_Ants](https://avatars.discourse-cdn.com/v4/letter/h/dc4da7/32.png) [@Hail\_Ants](https://boards.straightdope.com/u/Hail_Ants)\ **Post date:** [December 2, 2012, 11:05am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/13 "2012-12-02T11:05:56Z")
I used to like Jenny McCarthy, she knew she was perceived as a dumb blond and slyly capitalized on this by making endless fun of herself. But I guess once she pumped out a puppy motherhood inevitably brought out her true dumb-cunt-itude. 😃 [Dr. House giving the greatest speech ever about the subject (to a dumb blond no less!)](https://www.youtube.com/watch?v=L0yXn9XA-5c) ---
**Author:** ![GuanoLad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guanolad/32/42_2.png) [@GuanoLad](https://boards.straightdope.com/u/GuanoLad)\ **Post date:** [December 2, 2012, 11:18am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/14 "2012-12-02T11:18:58Z")
> [@Kolga](#): > > Jenny’s just deluded . Wakefield, on the other hand, should be in jail, and the reason he is not is that I am not yet Goddess of the Universe. I’ll vote for you! Can you vote for Goddesses? ---
**Author:** ![Nunzio\_Tavulari](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@Nunzio\_Tavulari](https://boards.straightdope.com/u/Nunzio_Tavulari)\ **Post date:** [December 2, 2012, 1:33pm UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/15 "2012-12-02T13:33:51Z")
I Loved _ **House** _, but I didn’t think that clip presented a solid argument. This one does somewhat better. [Penn & Teller on vaccinations](https://www.youtube.com/watch?feature=endscreen&v=RfdZTZQvuCo&NR=1) ---
**Author:** ![Gagundathar](https://avatars.discourse-cdn.com/v4/letter/g/a183cd/32.png) [@Gagundathar](https://boards.straightdope.com/u/Gagundathar)\ **Post date:** [December 2, 2012, 1:55pm UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/16 "2012-12-02T13:55:21Z")
> [@Oakminster](#): > > Damn if that doesn’t put a whole different spin on _Hotel California_… I am NEVER going to be able to hear that song ever again without remembering this horribleness. Thanks, Oak! Thanks a lot. heh heh heh ---
**Author:** ![Jim\_s\_Son](https://avatars.discourse-cdn.com/v4/letter/j/e19adc/32.png) [@Jim\_s\_Son](https://boards.straightdope.com/u/Jim_s_Son)\ **Post date:** [December 3, 2012, 1:45am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/17 "2012-12-03T01:45:18Z")
Why would anyone take medical advice on vaccinations from a Playmate? ---
**Author:** ![Seanette](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/seanette/32/9139_2.png) [@Seanette](https://boards.straightdope.com/u/Seanette)\ **Post date:** [December 3, 2012, 2:53am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/18 "2012-12-03T02:53:18Z")
> [@Jim\_s\_Son](#): > > Why would anyone take medical advice on vaccinations from a Playmate? Thinking with the wrong head? 😃 ---
**Author:** ![outlierrn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/outlierrn/32/3005_2.png) [@outlierrn](https://boards.straightdope.com/u/outlierrn)\ **Post date:** [December 3, 2012, 3:47am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/19 "2012-12-03T03:47:24Z")
> [@Jim\_s\_Son](#): > > Why would anyone take medical advice on vaccinations from a Playmate? The anthropology of celebrity is a whole field just waiting to be explored. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [December 3, 2012, 4:19am UTC](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742/20 "2012-12-03T04:19:42Z")
> [@Nunzio\_Tavulari](#): > > I Loved _ **House** _, but I didn’t think that clip presented a solid argument. This one does somewhat better. > > [Penn & Teller on vaccinations](https://www.youtube.com/watch?feature=endscreen&v=RfdZTZQvuCo&NR=1) That linky didn’t worky with me. This one did: https://www.youtube.com/embed/b0IvM8c-Pew?feature=oembed&wmode=opaque Well worth watching. > [@Jim\_s\_Son](#): > > Why would anyone take medical advice on vaccinations from a Playmate? See the link of P and T for one. [Next page](https://boards.straightdope.com/t/why-arent-jenny-mccarthy-et-al-charged-with-crimes/642742.md?page=2)