Since I mentioned Gibson's v. Oberlin

 I am truly of the mind that merely being called a racist is not suitable grounds for a defamation action.  I might have said that before, when the case was hot.  These days it is considered a long, overdue ruling, by the appeals court.  Even if one of the judges on the original panel lost an election and the newbie needed time to  catch up on not only that case, but all she was assigned to, after winning the seat.  

Way I was arguing it to myself, and none of this is at all original.  Let's be honest.  It there ever really was any sting to the charge, that is no longer the case.  Not for grown ups, at least.  It's basically one of the random, go-to, easily used insults of the age.  It's on the level of being called  an asshole, actually.  It's name calling.  Pure and simple.  At its most common and base usage.  If the charge is in context with real specific wrong doing like accusing some elected or appointed official, judge, hospital administrator, teacher, whatever of engaging in a racially discriminatory pattern or racist  misuse of office?  That's different.  Context matters.  But, and to use an even better point of comparison. Merely  calling some rando a racist is like calling them a motherfucker.  There could be belief in the literal insult, but the charge more often than not is meant mostly if not exclusively as an insult. 

Now the problem in the Gibson's v. Oberlin matter is that Ohio is behind the times in knowing what time it is.  To employ a colloquial phrase.  Across the borderline, in Illinois, their courts recognize the plain and obvious truth that:

"Accusations of “racism” no longer are “obviously and naturally harmful.” The word has been watered down by overuse, becoming common coin in political discourse. Tillman called Stevens a racist; Stevens issued a press release calling Tillman a “racist” and her supporters “bigots.” … When Stevens called Tillman a “racist,” Stevens was accusing Tillman of playing racial politics … rather than of believing in segregation or racial superiority. That may be an unfortunate brand of politics, but it also drains the term of its former, decidedly opprobrious, meaning. … The term has acquired intermediate meanings too. The speaker may use “she is a racist” to mean “she is condescending to me, which must be because of my race because there is no other reason to condescend.” … Meanings of this sort fit comfortably within the immunity for name-calling. … In daily life “racist” is hurled about so indiscriminately that it is no more than a verbal slap in the face; the target can slap back (as Stevens did). It is not actionable unless it implies the existence of undisclosed, defamatory facts, and Stevens has not relied on any such implication."

And:

Similarly, in Grutzmacher v. Chicago Sun-Times Inc.,[3] Judge Kathy Flanagan, citing Stevens, found that statements referring to the plaintiff as a “neo-Nazi” were nonactionable opinions.

Stevens and Gruzmacher are based upon a fundamental concept in defamation law: To prove actionable, a statement must consist of objectively verifiable fact. Amorphous opinions, even when obviously negative, which lack clearly ascertainable meaning are not actionable.

Other Illinois reported cases have found that the following terms and phrases, in the absence of objectively verifiable facts, were nonactionable opinions: “fired because of incompetence,” “cocky con-artist,” “useless piece of shit,” “very poor lawyer,” “unethical,” “lazy,” “burnt out,” and “unstable.”

(Source)

I found that quote looking for the actual metrics about how many states do recognize this reality in their defamation law. I really think this needs to be the case, nationwide.  

Notable of the errors in the Gibson's v. Oberlin case is that the court not only did not require the plaintiff to carry the burden of proof and persuasion with evidence they were not in fact racists.  The judge actually kept evidence of racist animus on the part of the person who's action triggered the case, away from the jury.  Fucked up  and bullshit!   

Someone called you a racist?  Grow the fuck up! No payday for you!