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@mac.com ICQ#23758827