Confusion about Free Speech
Kevin Elliott
k-elliott at wiu.edu
Sat Mar 3 08:12:17 PST 2001
At 20:32 -0800 on 2/27/01, Tim May wrote:
>Citing libel and slander in the context of "free speech" is a
>slippery slope. For one thing, neither libel nor slander has
>anything to do with First Amendment issues, which are limitations on
>censorship, prior restraint, etc. (Even the infamous "Falsely
>shouting "Fire!" in a crowded theater" is more confusing than
>illuminating, and certainly has nothing to do with censorship or
>prior restraint.)
It's illuminating to look at the legal definition of libel/slander.
To prove either you have to show that the person had malicious intent
AND new that what they were saying was not true. Libel/slander is
not a free speech crime, it's a special type of fraud.
--
"As nightfall does not come at once, neither does oppression. In both
instances, there is a twilight when everything remains seemingly
unchanged. And it is in such twilight that we all must be most aware
of change in the air--however slight--lest we become unwitting
victims of the darkness."
-- Justice William O. Douglas
____________________________________________________________________
Kevin "The Cubbie" Elliott
<mailto:kelliott at mac.com> ICQ#23758827
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