so we do prekt false statements, presumpively. but the historical, like defamation, are the ones that cause harm. so i go back to the question because you really haven't answered his question. you failed with the government process cases, although we could argue about whether that's protecting a process or prekting the government from the right to truthful information. that's a different issue. but the question is how do you deal with the intentional affliction of emotional distress. damage would require injury. and it's defined under what kind of injury? so tell me how you define harm in the nongovernmental situation, number one. and then tell me why that -- this situation doesn't fit that definition. >> in the situation of emotional stress, you are dealing with a mental distress that rumts from the false statement. so there's eminent harm as a result of -- that results in intentional affliction of emotional stretch. >> so why snt it the medal winners -- why snt that proper? >> i don't believe that sits into the same category of

romney is the presumpive nominee and he'sing four out of five votes in california. he also won montana, new jersey, new mexico and in south dakota. romney was in texas today a state that's been very good to him. so far his two day visit has paid off with a $15 million boost to his campaign and he's got more fundraisers scheduled for tomorrow. in a speech today, romney said president obama must be defeated in november. >> i am convinced this man is out of ideas. i know he's out of excuses and in 2012 you're going to make sure we vote him out of office. >> reporter: romney also made a specific appeal to latino voters. he said they've been hit especially hard during the obama administration. heather holmes is live where she's watching returns. >> reporter: the could has thinned out quite significantly but earlier in the evening this room was packed. the adrenaline going, the enthusiasm going, they are energize and starting tomorrow their focus will shift on the november election. members of the san francisco republican party liked the headlines that appeared on the tv

romney is the presumpive nominee and he'sing four out of five votes in california. he also won montana, new jersey, new mexico and in south dakota. romney was in texas today a state that's been very good to him. so far his two day visit has paid off with a $15 million boost to his campaign and he's got more fundraisers scheduled for tomorrow. in a speech today, romney said president obama must be defeated in november. >> i am convinced this man is out of ideas. i know he's out of excuses and in 2012 you're going to make sure we vote him out of office. >> reporter: romney also made a specific appeal to latino voters. he said they've been hit especially hard during the obama administration. heather holmes is live where she's watching returns. >> reporter: the could has thinned out quite significantly but earlier in the evening this room was packed. the adrenaline going, the enthusiasm going, they are energize and starting tomorrow their focus will shift on the november election. members of the san francisco republican party liked the headlines that appeared on the tv