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The New York Times v. Sullivan ruling, established in 1964, raised the legal bar for defamation cases involving public figures. The Supreme Court ruled that in order for public officials to win libel lawsuits, they must prove that the false statement was made with “actual malice.” That means either knowingly making a false statement or acting with reckless disregard for whether it was true or not. AOC’s post may have checked both boxes.
Critics online echoed Senator Lee’s sentiment, highlighting both the false nature of her statement and the potential consequences.
One user posted:
“Very weird that none of those allegations came out until he was running for president. Also, I’m pretty sure this is libel and an easily winnable case at that.”
Another noted:
“Donald Trump has not been criminally convicted of rape. As a congress woman, with such broad reach, you should be aware of this and act and speak appropriately. This is defamation.”
Even mainstream media figures have faced legal action for similar misstatements. ABC’s George Stephanopoulos found himself in legal hot water last year after falsely claiming Trump had been found liable for rape during a live interview with Rep. Nancy Mace (R-SC). The resulting defamation suit ended with a massive settlement—$15 million to Trump’s presidential library foundation, along with an additional $1 million in legal fees. ABC was also forced to issue a public apology.
That precedent makes AOC’s tweet even more dangerous for her legally.
Trump supporters and legal commentators didn’t hesitate to weigh in. Laura Loomer stated:
“This is defamatory. And I hope you are sued by Trump for this the same way George Stephanopoulos was sued and forced to pay Trump $15 million dollars.”
Attorney and conservative analyst Phil Holloway added:
“The President should sue AOC into bankruptcy… I realize she’s trying to raise her profile but this is way way too far.”
The backlash wasn’t just legal or political—it got personal. Trump 2024 communications director Steven Cheung didn’t mince words:
“AOC likes to play pretend like she’s from the block, but in reality she’s just a sad, miserable blockhead who is trying to over-compensate for her lack of self-confidence that has followed her for her entire life.”
He continued:
“Instead, she should get some serious help for her obvious and severe case of Trump Derangement Syndrome that has rotted her pea-sized brain.”
As of Tuesday, Ocasio-Cortez has yet to respond to the growing calls for her to retract the statement or face the legal consequences. But if former President Trump decides to take action, it could lead to one of the most high-profile defamation cases involving a sitting member of Congress in modern history.
The question now isn’t whether AOC crossed the line—but whether Trump’s legal team will make her pay for it.
