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The Constitutional right to free speech has been construed to protect your right to criticize the government (generally) and those who hold governmental posts.
by markoman 4y ago
The Constitutional right to free speech has been construed to protect your right to criticize the government (generally) and those who hold governmental posts. The Constitution doesn't mention defamation directly, but the doctrine that your rights end where anothers begin means that if you should actually injure someone through your untruthful speech or writing, then you should pay restitution to them and possibly punitive damages. The laws vary depending on the state, of course.
Since Jones is seen to have intentionally caused these plaintiffs emotional distress, the plaintiffs are being awarded compensatory damages nearing $1 billion, however punitive damages will be considered next because of a Connecticut law that bars using false statements to sell products. (A hearing set for Nov. 7 will determine the amount of those damages.)
According to the law, all the plaintiffs had to prove was that Jones (1) knowingly made false statements that would cause the claimants emotional distress and (2) such distress and injury could be proved or substantiated. In this case, the government served primarily as a mediator between the private citizens on both sides.