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Re:Elon Musk’s ‘pedo guy’ defamation case is going to trial by Ice_cream_suit on Friday May 10, 2019 @10:02PM (#19884047)
"Actual Malice

Actual malice is the standard of proof public figures must satisfy to win a defamation lawsuit.

Essentially, actual malice is present when a defendant knowingly pubishes or broadcasts a false statement of fact.

Reckless disregard for the truth amounts to actual malice in some jurisdictions."

http://kellywarnerlaw.com/us-defamation-laws/

Re:Elon Musk’s ‘pedo guy’ defamation case is going to trial by wahern on Friday May 10, 2019 @11:50PM (#19884435)
The key thing to realize here is that the plaintiff was not a public figure, notwithstanding his role in an otherwise well-publicized incident. The plaintiff doesn't have to show that Musk acted with malice or reckless disregard.

Elon is fighting this because he can, but even his lawyer would know it's a loser. OTOH, it's probably a fun case for the lawyer, like the cases assigned in law school that are designed to be losers but you make it a personal challenge to see how far you can take it. Plus he's getting paid well.