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Legal Expert Explains Challenges if Trump Sues Trevor Noah Over Grammy Joke

February 3, 2026
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Former US President Donald Trump has threatened legal action against comedian Trevor Noah over a joke made at the 68th Grammy Awards.

While congratulating Billie Eilish on her win, Noah joked that the Grammy was “almost as much as Trump wants Greenland,” before adding, “since Epstein’s gone, he needs a new island to hang out with Bill Clinton.”

Trump responded on Truth Social, calling the joke false and defamatory. He denied ever visiting Epstein Island and warned Noah to “get his facts straight.”

Legal expert Ben Winks explained that not all defamatory statements are legally actionable. Under U.S. law, a statement must be both damaging and untrue to qualify as libel. Opinions and jokes often receive greater legal protection because they are not presented as factual claims.

Winks said the defamatory innuendo in Noah’s joke implies Trump was associated with the sexual abuse of minors, due to Epstein’s criminal history. However, if the comment is viewed as satire or opinion, it may not meet the legal standard for defamation.

Trump could theoretically sue in another country, such as South Africa, where Noah is from, to avoid the stricter “actual malice” standard required for U.S. public figures. But Winks doubts he would take this route, partly because South African courts strongly protect free speech and award lower damages compared to the U.S.

For now, no lawsuit has been filed. Legal analysts suggest Trump’s response may be more about public rebuttal than legal action.

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Azalibone Mthethwa

Education: A+ Diploma in Journalism ( 2017) Experience: Senior Journalist - Current Affairs Writer Email: info@ireportsouthafrica.co.za

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