I agree with you 90% of the way, Shane. There’s no trial. It’s not the State smearing people. People can form opinions on any stupid basis they choose. But as any good defamation lawyer will tell you, the best test of these situations is to conduct the thought experiment of assuming that the allegations are not true (and please don’t assume that’s my view: it’s a thought experiment). If they aren’t true, how do we then feel about the consequences for those who have been accused? The consequences are real and material. At best, Clarkson et al will win a costly defamation case. The taxpayer will (again) bail out the ABC for the damages. But most people will continue to assume forever that Clarkson et al are racist bullies.
