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Constitutional law expert Jonathan Turley suggested that “The View” host Whoopi Goldberg “would be wise” to apologize on-air after she claimed that a family-owned bakery discriminated against her.

In his latest column, the George Washington University law professor addressed the controversy over Goldberg’s defaming of Holtermann’s Bakery, a Staten Island, NY institution for 145 years, accusing the establishment of refusing to provide her order of Charlotte Russe treats because of her political views, a lie that was shot down by the baker’s owner.

Turley argues that even though Goldberg did not specifically name Holtermann’s Bakery during her dishonest rant, a defamation lawsuit against her could still be “a piece of cake.”

“Now, I should tell you, Charlotte Russe has no political leanings, and the place that made these refused to make them for me,” she told the live audience which gasped in shock.

(Video Credit: Fox News)

“They said that their ovens had gone down, all kinds of stuff, but folks went and got them anyway, which is why I’m not telling you who made them,” she said, claiming that her order was rejected because “they did not like my politics.”

The truth is that the bakery’s aged boilers were on the fritz on the day that Goldberg called in the order and owner Jill Holtermann denied that her politics had anything to do with it.

While she didn’t mention its name, the bakery was later identified by Entertainment Weekly which noticed the distinctive pattern on the cups that were being shared by the co-hosts on last Wednesday’s show celebrating the 69-year-old’s birthday.

“I said to Whoopi, ‘I can’t do it right now,” Jill Holtermann told EW. “We have so many things going on with my boiler,’ because the building is from 1930, so, when she called me, I had no idea [if we could] be baking everything,” adding it had nothing to do with politics.

Goldberg’s defenders are insisting that she can’t be sued because she didn’t specifically name the business but Turley disagrees.

“The failure to name a party in an otherwise defamatory context is not an absolute defense to defamation,” he wrote. ‘The strongest and easiest cases to make on defamation are those fitting into a ‘per se’ category of defamation like calling someone falsely a criminal or the carrier of an infectious disease. Damages in such cases are often presumed.”

“It is worth noting that the implied accusation against the bakery could fit into a per se category of impugning business or professional integrity. Goldberg’s statement was clearly meant to impugn the reputation and professional standing of the bakery. It can be argued as defamatory per se by implication,” according to Turley.

“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,” wrote the esteemed professor.

“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,” he added, citing legal examples.

“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. That can have an obviously harmful impact on business for the family-owned bakery,” he wrote.

“Even if the bakery had to show malice (of a knowing falsehood or reckless disregard of the truth), it would have a cognizable basis for such a claim against Goldberg and ABC.”

“Obviously, it would be up to a jury to balance the earlier standards and the evidence in this case. However, a case could be made for defamation and a court could find that the matter should be left to the fact finder at trial. Goldberg and ABC would be wise to apologize on the air to the bakery on Monday,” Turley advised.

Whether Goldberg takes the advice and spares herself from having to lawyer up remains to be seen.

Chris Donaldson
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