Can John McCain’s Estate Win a Defamation Lawsuit Against President Trump?

No. Here is the explanation.

Defamation is a common law claim, meaning that judges over many cases created grounds for recovering damages to one’s reputation.

Family of the deceased have tried to recover damages when their dearly departed have been defamed.

But there must be proof of harm to a person’s reputation—and courts have consistently ruled that once people die, so do their reputations.

Courts have noted that false and damaging statements can injure the memory of a deceased person, but the tort of defamation doesn’t apply to one's memory.

Can survivors make a valid claim in circumstances like the McCain family?

Generally, no. The main exception is when defamation reflects on their own reputations.

Now consider the barrage of hate that President Trump has mobilized against Cindy McCain. She posted a vile attack from Tiffany Nicole’s Twitter account, calling the deceased senator a “traitorous piece of warmongering shit,” adding that she was “glad he’s dead.” There are worse messages, too vile to publish on this blog.

Keep that up, McCain-haters, and perhaps Cindy McCain will have a tort claim for intentional infliction of emotional distress—much more likely against Tiffany Nicole, and much less likely against Donald Trump.