Don Vito Corleone
Elite
- Feb 10, 2000
- 30,029
- 66
- 91
Actually calling him racist, which they done, is considered inflamatory when there was no evidence for calling him racist and plenty that proved he wasn't. Such as sponsoring black kids, working for a black homeless man against the SPD, and having many friends in a neighborhood that is predominately black while doing volunteer work for that community. No one pays people on neighborhood watch.
That evidence was easily obtained at the time of their claims of him being racist. Those claims have certainly damaged his reputation as well. Thus slander.
"Inflammatory" statements are only defamatory if they meet the legal standard referenced in my prior post. Any statement by the Martins that Mr. Zimmerman is a racist would be one of opinion, not of fact, since they can't pry his head open and know what he believes. Accordingly, such a statement would not be actionable.
Interestingly, you are accepting as true the defenses of Mr. Zimmerman raised by his family and friends (e.g., that he did the community service activities you referenced to help black people). These are not things we know to be true, and presumably the Martins don't know whether they are true or not either. In any case they are irrelevant, since, as I stated above, calling someone a racist does not constitute defamation.