Legal expert Jonathan Turley recently explained that a defamation lawsuit against Whoopi Goldberg after she commented on-air about a Staten Island bakery would be a “piece of cake.” Goldberg had placed an order for her birthday at the bakery, but when the business could not fulfill it due to equipment failure, the co-host on “The View” suggested that Holtermann’s bakery may have snubbed her over her political beliefs.
Weighing in on the matter, Turley explained that Goldberg’s comments may have landed her in legal trouble, claiming that her not naming the bakery and saying “perhaps” won’t hold up in court. During a segment last week, Goldberg implied to viewers that she may have been the victim of backlash due to her anti-Trump comments.
During the show, Goldberg said, “Now, I should tell you, Charlotte Russe has no political leanings, and the place that made these refused to make them for me.” Following the remark, co-host Sarah Haines spit out a piece of cake in protest while others on the panel expressed disbelief.
Goldberg continued, “They said that their ovens had gone down, but folks went and got them anyway, which is why I’m not telling you who made them. It’s not because I’m a woman, but perhaps they did not like my politics. But that’s okay because you know what? Listen, this is my mother’s celebration. Pick these up and celebrate with me and my mom. Thank you, everyone, for celebrating my birthday today.”
Commenting on the matter, Turley said, “The fact is that the ovens did go down. The establishment’s aging boiler could not make it to its own 67th birthday. After all, it was installed when Goldberg was just a kid. The bakery stopped taking orders until it could get a working boiler. The alternative was to leave people like Goldberg without cakes for their special events.”
Furthermore, Turley addressed how Goldberg attempted to absolve herself of legal liability. “There are two reasons cited for why Goldberg cannot be sued. Her refusal to name the bakery (which she portrayed as a way of denying them favorable publicity since they eventually got the cakes) and that she used the word “perhaps” in her accusation,” he explained.
However, he outlined how these semantic measures will not stand in court. “The fact that Goldberg identified the bakery only as a local bakery associated with these cakes is not a defense. The identity of the bakery was quickly deduced and published widely,” the legal expert added. He continued, “Goldberg could also claim that using the word “perhaps” reduced the statement to a mere opinion. This is a common misunderstanding. Often, people will say “in my opinion” and then follow with a defamatory statement. It is not treated as an opinion if it is stated as a fact.”
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“Goldberg was clearly trying to convey that the bakery imposes a political litmus test or engages in politically discriminatory practices against Democrats, Trump critics, or liberals,” Turley maintained. “That can have an obviously harmful impact on business for the family-owned bakery.” In conclusion, Turley said it would ultimately be up to a jury to decide on Goldberg’s statements, but urged the co-host and ABC to promptly apologize to the bakery.
Watch a New York Democrat sound off on Goldberg’s comments about the bakery: