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Well in the case of defamation the damage has already been done, necessarily. So the defendant is really a prosector, and they are asked for their evidence. See

Well in the case of defamation the damage has already been done, necessarily. So the defendant is really a prosector, and they are asked for their evidence. See, eg., this case. Also,... > The court ruled that Irving's claim of libel relating to Holocaust denial was not valid under English defamation law

ceejayoz 3y ago
> Also,... > The court ruled that Irving's claim of libel relating to Holocaust denial was not valid under English defamation law Getting this ruling on one of the most heavily documented historical facts in existence cost millions and two years of litigation. That has an obvious chilling effects to alleging misconduct that isn't documented in a few thousand scholarly books.