Man called a 'rapist' by Sen. Kirsten Gillibrand probably couldn't win a libel suit

Article here. Excerpt:

'A lot of readers have been asking if Paul Nungesser, who was called a “rapist” by Kirsten Gillibrand, can sue the New York senator for libel. He could sue, in theory, given that anyone could try to sue for any reason these days, but he wouldn’t have much of a case.

UCLA law professor Eugene Volokh, in an e-mail to the Washington Examiner, outlined the complications for Nungesser should he consider a case against Gillibrand.

First, a refresher: A campus court found Paul Nungesser “not responsible” for sexually assaulting fellow Columbia University student Emma Sulkowicz. Since then, Sulkowicz has used the experience as her art project for the university, carrying around a mattress on campus, and she gained national attention for doing so. Despite the campus court finding Nungesser not responsible (under the lowest standard of proof, no less) and police not actively pursuing the case, Gillibrand labeled Nungesser (without using his name) a “rapist” in a Huffington Post column while writing about her decision to invite Sulkowicz to the State of the Union address Tuesday night.'

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