Less than five years after urging rioters to “kill” police at the Capitol, a former Jan. 6 defendant is working as a senior adviser for the Department of Justice, which has been dramatically remade under the second Trump administration.
NPR has obtained police bodycam footage from multiple angles of the former defendant and current administration official, Jared Wise, berating officers and calling them “Nazi” and “Gestapo.”
In the United States, there are no words that are de jure defamation just by the words themselves. The First Amendment has been interpreted very liberally in this regard. So, for a person who is not a public figure, the elements of defamation are (1) saying something false to third person about someone, (2) knowing at the time that the statement was false, and (3) that some actual damage occurred as a result of the statement. In the case of public figures, in addition to those three elements, you also have to show actual malice. In other words, that the harm that occurred was actually intended. In the United States, we have a very high bar for public figures to claim defamation.
Now, if someone uses specific language like “convicted sex offender,” will that make the case easier to prove? Maybe. But context is everything is these cases.