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Administrative Law—Defamation By The Nation: The Westfall Act And Scope Of Employment For Elected Officials, Sean Buxton
Administrative Law—Defamation By The Nation: The Westfall Act And Scope Of Employment For Elected Officials, Sean Buxton
Western New England Law Review
Are members of Congress or the President immune from defamation suits? Officially, the law provides for no such immunity. However, a line of cases interpreting the Federal Tort Claims Act and the Westfall Act threaten to create such an immunity for all elected officials. In such a world, powerless people can be defamed by the most powerful officials in the country without any recourse in the court system to preserve their reputations.
Journalist E. Jean Carroll discovered the potential for such an immunity when she brought a defamation suit against President Donald Trump after he denied her allegations of rape …