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Jed Rubenfeld: The Macrons Are Suing Candace Owens. Do They Have a Chance?
“If they can’t show that Candace herself had serious doubts about the truth of what she said, they’re out of luck,” writes Jed Rubenfeld. (Ludovic Marin via Getty Images)
France’s first couple must prove ‘actual malice,’ which is, in effect, an immunity shield for crackpots.
By Jed Rubenfeld
07.27.25 — Jed Rubenfeld
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On Wednesday, French first lady Brigitte Macron, together with her husband, President Emmanuel Macron, filed a defamation suit in Delaware against social media provocateuse and general crazypants Candace Owens. According to the complaint, Owens has claimed, among other things, that Madame Macron is a man, that the two Macrons are actually “blood relatives committing incest,” and that Monsieur Macron was elected president as part of a CIA “mind control” experiment.

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Given these fantastical claims, you might think the case would be a slam dunk for the Macrons. In fact, they face an uphill climb. 

Under United States law—which differs on this point from pretty much every other country on the planet—public figures like the Macrons can’t win a defamation suit unless they can prove “actual malice.” 


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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
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France
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