united-states defamation
How can an allegation of NOT having an affair be a defamation?
<p>Yesterday, 3/27/18, it was reported that the porn actress Stormy Daniels sued President Trump's lawyer Mr. Cohen for defamation because he alleged that Stormy Daniels did not have an affair with Mr. Trump.</p>

<p>If not, then how can they argue a defamation?  Even if the allegation of the affair never having taken place is false, it is a lie which does not damage anyone's reputation (ie, it does not "defame" anyone).  In fact, even if it is a lie, it seems like it is a lie which can only serve to improve someone's reputation.</p>

<p>Is there any precedent or law which recognizes a claim of not having an affair to be defamatory? Is there any law or precedent to make a claim that someone lied publically (but not under-oath) a defamatory claim?</p>

<p><strong>Edit:</strong> <a href="https://law.stackexchange.com/a/27178/11306">this answer below</a> shows that the claim of defamation stems from allegation that Stormy Daniels was called a liar rather than from the allegation that she did not have an affair.  </p>

<p>In a similar vein, hypothetically, if Mr. Cohen made a public statement that Stormy Daniels was lying about being or having been an adult movie actress, would that be defamatory?</p>

<p>Saying "they didn't have an affair", in isolation, would not be defamation.  But we have to look at the context.  Daniels had previously stated publicly that they <em>did</em> have an affair.  So when Cohen said that it wasn't true, he was (claims Daniels) effectively calling her a liar.  Calling someone a liar <em>is</em> potentially defamatory.</p>

<p>You can read Daniels's complaint <a href="http://apps.washingtonpost.com/g/documents/investigations/stormy-daniels-accuses-trump-attorney-of-defamation/2857/" rel="nofollow noreferrer">here</a>.  See paragraph 67:</p>

<blockquote>
  <p>Both on its face, and because of the facts and circumstances known to persons who read or heard the statement, it was reasonably understood Mr. Cohen meant to convey that Ms. Clifford is a liar, someone who should not be trusted, and that her claims about her relationship with Mr. Trump is 'something [that] isn't true.'  Mr. Cohen's statement exposed Mr. [sic] Clifford to hatred, contempt, ridicule, and shame, and discouraged others from associating or dealing with her.</p>
</blockquote>

<p>As to whether calling someone a liar is defamatory, there's a long article on the subject <a href="https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1657&amp;context=iplj" rel="nofollow noreferrer">here</a>.  There are at least some cases where courts have held that it is.</p>

<p>Gutterman, Roy S.  "Liar! Liar? The Defamatory Impact of 'Liar' in the Modern World." <em>Fordham Intellectual Property, Media
and Entertainment Law Journal</em> 27 (2) 253-286, 2017.</p>

<blockquote>
  <p>In a similar vein, hypothetically, if Mr. Cohen made a public
  statement that Stormy Daniels was lying about being or having been an
  adult movie actress, would that be defamatory?</p>
</blockquote>

<p>It would be defamatory only in very specific contexts where the statement had palpable consequences that were detrimental to the "defamed" person. Here is one example: If Cohen's statement caused Stormy Daniels to be passed on for a job in the porn industry, then Stormy Daniels suffered what in litigation is known as <em>special damages</em> (because she didn't get the job she would otherwise have gotten). In that event, she would have a viable claim of defamation where Cohen could be ordered to pay her the income she would have earned at that job.</p>
