True & Honest Fan
Well, on Planet Chupp, it isn't defamation to call someone a rapist hundreds of times and get them fired from their job, but it is to say your auto mechanic didn't do a good job with mountains of evidence they didn't.There is a lot to wade through here. Along with one deeper underlying legal issue? If TCPA applies in this case, then what doesn't it apply too? And has it effectively removed all defamation laws in Texas?
That would be defamation per se because you are both accusing them of sexual misconduct and a criminal act. You would eventually have to prove damages but at the summary judgment or SLAPP portion of the case, damages would be presumed. So you might ultimately "get away with it" but only after a lengthy and expensive trial on the merits.So if I call you a rapist, I'm probably defaming you, but unless you can prove that I've actually done some sort of damage to you with these words I could probably get away with it.