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20 Za 22 23 24 25 Case 1:15-cv-07433-LAP Document 1332-10 Filed 01/08/24 Page 56 of 64 55 H2G8GIUC judge, they don't cite any case law for this idea that if you're alleged to have defamed someone about the underlying transaction, that we get to prove whether the underlying transaction is true, and if it is true, then we win. That's not the case they brought. The allegation in the complaint, the requirement of defamation law in the State of New York is that, if you, the plaintiff, allege that you have been defamed, your obligation, or burden as the defamation plaintiff, is to prove that the allegations made against you are false. Furthermore, if you, the plaintiff, are a public figure, as the plaintiff in this case must certainly be -— a person who writes books, a person who gives out interviews is a public figure. A person who establishes a nonprofit organization for this very purpose of making public this idea of assisting victims of sexual abuse, I can't imagine a more limited public figure set of facts. But setting that aside, the defamation law in New York says, if you bring a defamation claim, you have to prove the defamation. And if you're a public figure, as the plaintiff is, then you would also have to prove actual malice. You have to prove falsity by clear and convincing evidence, falsity of the allegedly defamatory statement, and you have to prove actual malice. Now, I don't know what case Ms. McCawley is trying. She is the one who brought this lawsuit. She has to prove SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300