Marc J. Randazza is a Las Vegas-based First Amendment attorney and managing partner of the Randazza Legal Group. Follow him on Twitter: @marcorandazza. The opinions expressed in this commentary are solely those of the author.

(CNN) During the presidential campaign, Donald Trump famously fired a broadside at the First Amendment by promising to "open up the libel laws." Today, his wife, Melania Trump, has a case pending against writers who she says defamed her, and some speculate that this is only the beginning of the Trump family war on the First Amendment.

But is it really? I don't think so.

Let's look at this case:

In their zeal to tear Donald Trump down, some attack his wife. (Even the Mafia doesn't attack wives or children; many of those who hate Donald Trump fail to reach the mob's decency level.) So, given our profound national commitment to freedom of expression, Melania Trump will need to have thick skin as the wife of a president.

She may not need to this time.

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In 1964, Justice William Brennan wrote, in the landmark defamation case New York Times v. Sullivan, that our Constitution demands that "debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."

Because of that, someone like Melania Trump cannot win a defamation claim unless she proves "actual malice." As I explained in an article last February , this test has nothing to do with our everyday understanding of the word "malice." It means that the defendant -- the writers, in this case -- published the statement knowing it was false or with a reckless disregard for the truth.

Establishing this is a challenge, but not one that we have deemed insurmountable, as the Sullivan decision left adequate legal space for even the most famous plaintiff to prevail.

In the Maryland case, Melania Trump accepted the Sullivan challenge and brought suit against the UK-based Daily Mail and an American blogger, Webster Tarpley. Both had reported that she previously worked as an escort -- a claim she credibly denies.

Photos: America's outstanding first ladies: How will Melania compare? Following a historic 2016 presidential election, Melania Trump is preparing to become the next first lady of the United States. It's too soon to know what she'll choose to do with her time as FLOTUS, although she has previously expressed interest in using her position to advocate against cyberbullying . But as the newest in a long line of first ladies, she'll have some big shoes to fill ... Hide Caption 1 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1789-1797 – America's first, first lady: Martha Washington. Martha had the important role of setting a precedent for all future first ladies. She was reluctant to appear in the public spotlight, but one of her most important initiatives was a weekly reception she held on Friday evenings, for everyone from Congressmen to members of the local community. Hide Caption 2 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1915-1921 – Edith Wilson played an important role in running the country after her husband Woodrow suffered a stroke that left him semi-paralyzed. She screened all communications to him, which led to some to refer to her as the "secret president." Hide Caption 3 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1933-1945 – survey of experts by the Siena College Research Institute ranked Eleanor Roosevelt as the best first lady of all time. This was determined from a series of categories -- including integrity, accomplishments and public image. When her husband assumed office, Eleanor transformed the role of first lady and broke precedent often. She held press conferences, gave lectures and openly expressed her opinions in a newspaper column. Hide Caption 4 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1961-1963 – Jacqueline Kennedy took a particular interest in historic preservation and worked hard to restore the White House to its original state. She established the White House Historical Association and she also passed a law that ensured future White House residents could not dispose of any furnishings. Hide Caption 5 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1963-1969 – Lady Bird Johnson, wife of Lyndon, focused on preschool children from disadvantaged backgrounds and an environmental program called "beautification." She encouraged people to transform their surroundings into attractive spaces and set up the First Lady's Committee for a More Beautiful Capital. In her earlier years she obtained a bachelor's degree in history and journalism, which is said to have helped her during her interactions with the press. Hide Caption 6 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1977-1981 – Rosalynn Carter was one of the most politically active of all American first ladies. Before becoming first lady she was responsible with bookkeeping for Jimmy Carter's family business. During her time as FLOTUS, Rosalynn attended Cabinet meetings and major briefings and even served as the President's personal emissary to Latin American countries. Hide Caption 7 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1981-1989 – Before becoming first lady, Nancy Reagan was a Hollywood actress (as Nancy Davis). When her husband Ronald assumed office, Nancy became known for working to discourage drug and alcohol abuse among young people. She often visited prevention and rehabilitation centers and she held a conference at the White House for the first ladies of 17 countries to also focus their attention on the problem. Hide Caption 8 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1989-1993 – Barbara Bush, wife of George Senior, was involved in many charitable and humanitarian efforts during her time as first lady. Her causes including tackling homelessness, AIDS, and helping the elderly. She also campaigned and raised funds to improve literacy, which was motivated by her son Neil's dyslexia. Hide Caption 9 of 11 Photos: America's outstanding first ladies: How will Melania compare? 1993-2001 – Before husband Bill assumed office, Hillary Clinton worked as a lawyer and developed a strong interest in family law and issues affecting children. As first lady she remained an advocate for children and campaigned for women's rights. She also chaired the Task Force on National Health Care Reform, where she testified before Congress and helped craft legislation. Hide Caption 10 of 11 Photos: America's outstanding first ladies: How will Melania compare? 2009- – Michelle Obama played a significant role in helping her husband's election campaign. During her time as first lady she was involved in various causes, including providing support to military families and promoting healthy eating to fight childhood obesity. Prior to becoming first lady, Michelle was the executive director of community and external affairs at the University of Chicago. Hide Caption 11 of 11

Despite anything that one might want to say about her husband, falsely accusing Melania Trump of being, essentially, a prostitute is (and should be) legally sanctionable.

Americans should have broad latitude to criticize, mock, and investigate public figures. However, that does not mean that there are no limits. Even Justice Brennan did not go that far.

It's telling that Melania Trump didn't sue the Daily Mail in the UK. The UK has a much lower standard for proving defamation, and it would have been a friendlier place to bring the claim. It's hard to imagine that her expensive lawyers didn't consider that. That they likely did suggests a high degree of confidence that she was confident confronting Sullivan head-on.

And what about the US-based Tarpley? He wrote in a statement in September that "her lawsuit is a blatant attempt to intimidate not only me, but journalists of all stripes into remaining silent with regard to public figures" and that the "lawsuit is a direct affront to First Amendment principles and free speech in our democratic society."

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Tarpley is over-playing his hand. I haven't seen anyone shy about criticizing any of the Trumps. Nobody appears to have been "silent." This case, if successful, will do no violence to the First Amendment, nor will any responsible writer likely fear the Trumps. You can say whatever you like about Mrs. Trump, if it is your opinion, or even a reasonably-sourced erroneous statement of fact.

But Tarpley may have trouble on that score: he raises the defense that he was "only repeating rumors" about Melania Trump. While "rumors" are not a reasonable source, some courts recognize the defense of "neutral reportage." That defense lets you get away with sourcing a "rumor," but only if you report it as such, and the publication is "reasonable."

Is that the case here? If I were defending him, I wouldn't want to rely on that defense.

So is Melania Trump off limits? Absolutely not.

Our democracy depends upon, as Brennan wrote, robust free speech and free press rights. In America, New York Times v. Sullivan's "actual malice" standard matters more than anything else. If we lose the right to criticize the rich, powerful, and famous in wide-open debate, we cannot say that we are free.

But even as I am disgusted at those who would take away those rights, I'm repelled by those who would try to invoke them to excuse their own irresponsibility and malice.

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You can say Mrs. Trump is a plagiarizer. You can say she's a "skank" if you are as classless as that. You can say she's an idiot (although, I question whether that term applies to a woman who speaks five languages fluently). Such attacks are petty and small, but in the United States you have the right to be petty, small, offensive and even insulting toward Mrs. Trump and anyone else you like.

What you don't have the right to do is to lie about her in a defamatory way. Sullivan will give you no shelter if you simply wish to shout "free speech" without knowing what that means.

Unless the defendants have some reasonable basis to support their reliance on these "rumors," Melania Trump should prevail. And, that is not a bad thing. In fact, it is a good thing to show that journalism remains free, but it still needs to exercise some responsibility.

Mrs. Trump doesn't need her husband to "open up the libel laws" to get there. If you want to make the specific claim that Mrs. Trump is a former escort, you had better have something more to back it up with than your dislike for her husband and the assertion that you're repeating a "rumor."

If you have a reasonable source, even if you're wrong, the First Amendment will wrap its loving arms around you and protect you from the cold. But if not, you don't deserve its help.