Conservative Parkland Teen Kyle Kashuv Has Strong Defamation Case Against Kurt Eichenwald
I am not US lawyer, so this is rambling nonsense potentially but i highly doubt a successful defamation case could be brought in this situation. I would image that Kurt lawyer could make a couple of arguments, of various strengths.
I think this would be a civil matter...
1) Kid is public figure - To quote movie..."Bold strategy Cotton". I think this would be laugh out of court and would potentially poison judge/jury against Kurt. So I doubt it would be used.
2) Claim that Kurt statements are so insane...so out of touch with reality, that it is protected speech. My understanding is the US Supreme Court say statements that are so ridiculous to be clearly not true are protected from libel claims to protect comedians and what not I think. Effectively Kurt lawyer claims Kurt is playing character and no reasonable person would or should fall for obvious humor. I think he would have decent shot with this depending on quality of lawyer and money spent.
Given his current behavior, I think a good lawyer could lay ground work that Kurt is an Andy Kaufman style humorist.
3) What damages did Kurt do? His argument that is there is no financial damages to kid. So the court cannot fix issue with money. Like many situations people think they can sue but unless they can show the court can correct the issue with money, the court will not follow through. This I feel is weakest portion of potential liable lawsuit. Kid would have to show that idiot Kurt has financially hurt him in some way that is measurable. One cannot just go with emotional pain or whatever....one has to work the way up to that.
You wish to sue me over something, you need to prove that I knowingly, with responsibility, did or failed to do something that caused you personal damage, that can be corrected by the court.
It is good for Kurt this is not Europe. He would easily be facing not only civil litigation (the laws favor person suing much more in EU in slander/libel cases) but also criminal litigation.
Again, I am not US lawyer. My legal experience is extremely limited and should not be taken at any value.