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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