President Donald Trump's allegation that former President Barack Obama ordered illegal surveillance of Trump Tower may be libelous, but proving libel is difficult for public figures to do, NBC News reported.
Trump tweeted out on Saturday — without evidence — that Obama ordered illegal surveillance of Trump Tower during the 2016 election, which Obama denied.
The law's protection of political speech is not all encompassing, and the unsubstantiated claim may be libelous. But most courts rule against public figures' libel cases due to the assumption that they have chosen to make their lives an open book.
"What the plaintiff has to show is that the defendant has said, written or tweeted something that is a false statement of fact that harms the reputation of the defendant, and because Obama is a public official, you have to show that it was done with some sort of intent to harm," said Jay Wexler, a professor of constitutional law at Boston University Law School.
