5 ms·

Are you arguing against the entire legal concept of libel/defamation?

rayiner 4y ago
When I was in law school, in the before times, libel and defamation were treated as a holdover from British common law. We learned how they had been winnowed down in the long “arc of justice,” starting with the Zenger trial in 1735. This trend of weakening libel and defamation laws, and any constraints on speech, was treated as uniformly positive.
- AnimalMuppet 4y ago
  Weakening... but not down to nothing. It's a lot harder to be found guilty of libel in the US than in the UK, and that's a good thing. You still can be, though, and that is also a good thing. ("Guilty" may be the wrong word, because it's not a criminal offense, but I'm not sure what the right one is here.)
  - skissane 4y ago
    > ("Guilty" may be the wrong word, because it's not a criminal offense, but I'm not sure what the right one is here.) Defamation is a crime in many jurisdictions, including the US (not federally, but in over 20 states). Prosecutions and convictions are rare-but not non-existent. At least in the US, punishments are light (Wikipedia cites a study saying that the average custodial sentence for criminal libel in the US is just under six months). In free countries, prosecutions are generally reserved for particularly egregious cases (e.g. suppose A does some trivial thing to offend B, so as payback B plasters posters all over town accusing A of sex crimes, with the allegation being completely invented). Given this, the vast majority of defamation cases are civil not criminal.
- pen2l 4y ago
  Do folks going through law school grasp how proliferation of libelous and defamatory statements happens now, without friction and at the speed of light? And the outsized impact it can have as compared to times ago? I would posit that libel and defamation should be even weightier issues than when British common law was around. We live in a time of companies dropping employees like stones seconds after they've gone viral in a poor light and loonies across the globe being galvanized into partaking in many shades of atrocities at the prodding of people who are learned in the ways of persuasive and effective oratory. The import of community (religious or merely cultural) was stronger back then, if someone was saying something shitty in earlier times they'd get a stern talking to by peers and community leaders. Things have changed, the power of those institutions has waned, tort law should thus come back stronger than ever to fill in the new gaps. I'm encouraged in seeing the turnout of Alex Jones ordeal and am anxiously waiting to see how Dominion vs Fox News unfolds. I am hoping that the aftermath of all this is that journalists/people-pretending-to-be-journalists/anyone-with-a-sizable-platform will be more careful about their reporting and statements. Of course this is all a murky area because many times it's hard to decide what is true and even harder to decide who gets to do the deciding but for getting the obvious things wrong and when signs of bad faith are clearly there the hammer should get dropped more often, I think such an environment would reduce chaos and extremism that we are seeing more and more of.

When I was in law school, in the before times, libel and defamation were treated as a holdover from British common law. We learned how they had been winnowed down in the long “arc of justice,” starting with the Zenger trial in 1735. This trend of weakening libel and defamation laws, and any constraints on speech, was treated as uniformly positive.

AnimalMuppet 4y ago
Weakening... but not down to nothing. It's a lot harder to be found guilty of libel in the US than in the UK, and that's a good thing. You still can be, though, and that is also a good thing. ("Guilty" may be the wrong word, because it's not a criminal offense, but I'm not sure what the right one is here.)
- skissane 4y ago
  > ("Guilty" may be the wrong word, because it's not a criminal offense, but I'm not sure what the right one is here.) Defamation is a crime in many jurisdictions, including the US (not federally, but in over 20 states). Prosecutions and convictions are rare-but not non-existent. At least in the US, punishments are light (Wikipedia cites a study saying that the average custodial sentence for criminal libel in the US is just under six months). In free countries, prosecutions are generally reserved for particularly egregious cases (e.g. suppose A does some trivial thing to offend B, so as payback B plasters posters all over town accusing A of sex crimes, with the allegation being completely invented). Given this, the vast majority of defamation cases are civil not criminal.
pen2l 4y ago
Do folks going through law school grasp how proliferation of libelous and defamatory statements happens now, without friction and at the speed of light? And the outsized impact it can have as compared to times ago? I would posit that libel and defamation should be even weightier issues than when British common law was around. We live in a time of companies dropping employees like stones seconds after they've gone viral in a poor light and loonies across the globe being galvanized into partaking in many shades of atrocities at the prodding of people who are learned in the ways of persuasive and effective oratory. The import of community (religious or merely cultural) was stronger back then, if someone was saying something shitty in earlier times they'd get a stern talking to by peers and community leaders. Things have changed, the power of those institutions has waned, tort law should thus come back stronger than ever to fill in the new gaps. I'm encouraged in seeing the turnout of Alex Jones ordeal and am anxiously waiting to see how Dominion vs Fox News unfolds. I am hoping that the aftermath of all this is that journalists/people-pretending-to-be-journalists/anyone-with-a-sizable-platform will be more careful about their reporting and statements. Of course this is all a murky area because many times it's hard to decide what is true and even harder to decide who gets to do the deciding but for getting the obvious things wrong and when signs of bad faith are clearly there the hammer should get dropped more often, I think such an environment would reduce chaos and extremism that we are seeing more and more of.