After Breitbart News’ comprehensive report debunking Lena Dunham’s reported rape at the hands of “campus Republican” Barry, the Washington Post’s Eugene Volokh reported that “Barry One” – the campus Republican tabbed by the media as the probable suspect in the rape – could theoretically sue Dunham. The Post tabbed Dunham’s accusations a “classic defamation case.”
Volokh explains that Barry would argue:
- Dunham said things about him that injured his reputation with some people
- because some people reasonably identified him as the Barry she mentions and yet,
- those statements were false, in that no conservative Oberlin student named Barry actually did to her what she says was done to her, even if someone else with another name or other identifying characteristics did this, and
- Dunham knew that the statements were false, in that she knew that no conservative Oberlin Barry did this to her.
Volokh writes that Barry’s case would be successful. The only downside would be the publicity brought to Barry by the lawsuit. But given Dunham’s prominence, it would be well worthwhile for Barry to take her to court.
Ben Shapiro is Senior Editor-At-Large of Breitbart News and author of the new book, The People vs. Barack Obama: The Criminal Case Against The Obama Administration (Threshold Editions, June 10, 2014). He is also Editor-in-Chief of TruthRevolt.org. Follow Ben Shapiro on Twitter @benshapiro.