It’s the demonstration of malice that will make this suit fail. You have to show evidence that the alleged defamer knew their statements are false. You might even need to prove intent. Unless they dig up a Facebook email saying “We know this isn’t true but let’s screw Stossel” it’s going to be a hard case to win.
Exactly correct, which is why virtually all defamation suits in the US don't ever make it to court. And it should be that way! Overly broad defamation laws greatly restrict freedom of speech.
