Boston Herald

Mooch’s lawsuit an elephant that won’t fly

- — jessica.heslam@bostonhera­ld.com

Sorry, Mooch.

You don’t have a chance at winning a defamation lawsuit against your alma mater, according to the libel experts I spoke with yesterday.

Embattled ex-White House communicat­ions director Anthony Scaramucci is threatenin­g to sue Tufts University’s student newspaper, The Tufts Daily, and Camilo Caballero, after the student penned op-eds criticizin­g the ousted Trump operative.

Caballero is being advised by the ACLU, which said in a statement last night the threat is “mean-spirited” and “completely consistent with President Trump’s ongoing attacks against the press.”

Scaramucci wasn’t backing down as he took to Twitter into the night to blast anyone criticizin­g his legal action threats.

Scaramucci is a member of the advisory board at Tufts’ Fletcher School of Internatio­nal Law and Diplomacy. A Fletcher student tweeted, “Oh wow. An advisor to our institutio­n, Scaramucci is threatenin­g to sue both my classmate and our student newspaper. Honestly, I came to the U.S. hoping that I would not deal with this kind of things, that are so common in Russia.”

Scaramucci fired back, writing, “This is a dishonest tweet. I asked for an apology. Plain and simple. In our country defamation comes with its consequenc­es.”

He posted a long letter to Tufts students and faculty last night asking them to reconsider ousting him from the board, saying his involvemen­t with Trump and the “infamous nature” of his firing aren’t reasons to remove him.

“I am a more complex and, candidly, better person than you give me credit for,” he wrote. “I hope we can use this controvers­y as an opportunit­y to begin, rather than end, a mutually beneficial conversati­on.”

Last week, a law firm retained by Scaramucci sent a letter to the paper threatenin­g legal action if the paper didn’t apologize or retract parts of the op-eds, which called for Scaramucci’s removal from the board, touting a petition with 240 signatures. The letter said the op-eds disparaged Scaramucci’s character, actions and associatio­ns, and went beyond permissibl­e opinion and falsely represente­d as fact.

Attorney Gregory V. Sullivan, who has been representi­ng media companies for four decades and teaches First Amendment media law at Suffolk University Law School, said the op-eds fall under the “category of opinion, which of course is not actionable as defamation.”

“The Supreme Court once said there’s no such thing as a false opinion,” added Sullivan, whose firm, Malloy & Sullivan, has offices in Hingham and Manchester, N.H.

Public figures like Scaramucci have to prove the publisher knew the statements were false as opposed to a private plaintiff who only has to prove negligence, Sullivan said.

“But you don’t even get there unless you have false statements of alleged fact,” he said.

Tufts Daily Editor-in-Chief Gil Jacobson said he received a hard copy of Scaramucci’s letter via FedEx yesterday. Jacobson said there are no plans to pull the op-eds from its website.

“With anything that we put out as a publicatio­n,” he said, “we have to be prepared for a range of extremes to happen in response.”

 ?? AP FILE PHOTO; HERALD PHOTO, INSET, BY JIM MICHAUD ?? LEGAL THREATS: Anthony Scaramucci is threatenin­g to sue The Tufts Daily and student Camilo Caballero after Caballero penned op-eds calling for Scaramucci to be booted from the board of the Fletcher School of Internatio­nal Law, inset.
AP FILE PHOTO; HERALD PHOTO, INSET, BY JIM MICHAUD LEGAL THREATS: Anthony Scaramucci is threatenin­g to sue The Tufts Daily and student Camilo Caballero after Caballero penned op-eds calling for Scaramucci to be booted from the board of the Fletcher School of Internatio­nal Law, inset.
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