4 ms·

How humiliating. But the punishment fits the crime in this case. It's also interesting that UK courts can compel speech like this. Would the same remedy be ava

How humiliating. But the punishment fits the crime in this case. It's also interesting that UK courts can compel speech like this. Would the same remedy be available to US courts?

kstrauser 2y ago
Could a US judge offer that an as alternative to fines or punishment? “Which do you want, penalties or a public admission?”
denton-scratch 2y ago
UK courts can also order a newspaper to publish a retraction or an apology, and can specify the prominence that should be given to it.
gambiting 2y ago
Aren't US newspapers sometimes ordered to issue an apology/retraction when they get sued?
- pkaye 2y ago
  I imagine a lot of times that is part of a settlement reached before the court case proceeds further. Example is Fox News vs Dominion voting systems. https://en.wikipedia.org/wiki/Dominion_Voting_Systems_v._Fox_News_Network https://en.wikipedia.org/wiki/Dominion_Voting_Systems_v._Fox...
jcranmer 2y ago
SCOTUS routinely holds that the US First Amendment also protects against government-compelled speech. The main case law in this regard deals with a Florida statute that required newspapers to publish a politician's reply to critical articles. It's not clear to me if this would also extend to a court order requiring someone to publish something, but I think there's going to be some squeamishness as to whether that's a remedy a court can provide. (Obviously, an out-of-court settlement could provide for that).
- mrguyorama 2y ago
  The way US courts compel speech without actually compelling speech is: They offer you two choices, either you go to prison for a weirdly long time, or you "choose" to do <performative thing that won't really reform you but the judge can use in a campaign ad to say they are tuff on crime> That's how those weird judges are able to "make" young kids stand on a street corner wearing a "I did a crime" placard.
  - longdustytrail 2y ago
    Judges don’t run campaign ads

How humiliating. But the punishment fits the crime in this case. It's also interesting that UK courts can compel speech like this. Would the same remedy be available to US courts?

kstrauser 2y ago

Could a US judge offer that an as alternative to fines or punishment? “Which do you want, penalties or a public admission?”

denton-scratch 2y ago

UK courts can also order a newspaper to publish a retraction or an apology, and can specify the prominence that should be given to it.

gambiting 2y ago

Aren't US newspapers sometimes ordered to issue an apology/retraction when they get sued?

pkaye 2y ago
I imagine a lot of times that is part of a settlement reached before the court case proceeds further. Example is Fox News vs Dominion voting systems. https://en.wikipedia.org/wiki/Dominion_Voting_Systems_v._Fox_News_Network https://en.wikipedia.org/wiki/Dominion_Voting_Systems_v._Fox...

jcranmer 2y ago

SCOTUS routinely holds that the US First Amendment also protects against government-compelled speech. The main case law in this regard deals with a Florida statute that required newspapers to publish a politician's reply to critical articles. It's not clear to me if this would also extend to a court order requiring someone to publish something, but I think there's going to be some squeamishness as to whether that's a remedy a court can provide. (Obviously, an out-of-court settlement could provide for that).

mrguyorama 2y ago
The way US courts compel speech without actually compelling speech is: They offer you two choices, either you go to prison for a weirdly long time, or you "choose" to do <performative thing that won't really reform you but the judge can use in a campaign ad to say they are tuff on crime> That's how those weird judges are able to "make" young kids stand on a street corner wearing a "I did a crime" placard.
- longdustytrail 2y ago
  Judges don’t run campaign ads