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Welcome back to the "Stream of Kurtiousness!" Let's talk Talarico. I don't know where he was during the 12 days he was missing, but I don't believe him when he says he was sick with the flu. After all, we shouldn't believe anything he says. Some internet guys apparently called a mental health facility in Ohio that said James Talarico recently checked out of their facility. Internet trolls are saying Talarico should sue the online reporters. Let's talk about the possibility of that.
Since Talarico's team is denying he ever went to the mental house, it would be impossible to claim invasion of privacy. They also didn't violate anything HIPAA-related because he was allegedly never there. If Talarico's team wants to claim defamation, they may be able to file in Texas state court. If he files the suit, it could be weeks where the media talks about his whereabouts and whether he stayed in a mental hospital. I think that would probably hurt his campaign, especially if he actually stayed there. For a defamation case to be successful, the allegation must be derogatory or detrimental. It's unclear if saying someone needed mental healthcare is derogatory. Second, a public figure can succeed in a defamation case only if the derogatory false statement was made with malice or reckless disregard for the truth. If the phone call was real, they likely couldn't prove either. If I were serving Talarico, I would never recommend he sue.
