Several times, I have heard the claim: “they haven’t sued me, therefore it’s true.”
Beyond the obvious reason that the claim is a fallacy in that anyone can make that claim, here are other reasons why it’s a fallacy:
1. Suing someone draws a lot of unwanted attention to the detractors. The case of Barack Obama spending $2+ million dollars (according to Phil Berg) defending against lawsuits simply asking he produce his long-form birth certificate to prove his constitutional qualifications for the office of President would have given them the credibility he spent so long ignoring them.
2. Civil suits usually cost a lot of money. See Barack Obama’s case above, and the defamation lawsuit by a lawyer against former Canadian Alliance party leader, Stockwell Day, that totalled $792,000 in costs, of which $60,000 was for actual damages, with the rest going to the lawyers and court costs.
3. They have to prove their case on a balance of probabilities. It’s a lot easier to ignore the allegations, engage in character assassination against those making them, or ascribe sinister motives to them.
4. They have to give their own deposition, potentially revealing damaging information that can be used against them.
5. There’s the chance they could lose, thereby giving credibility to the claims in the mind of the public, whether warranted or not.