Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: wideawake

Well, what is so bad about outlawing libel against the government?


59 posted on 03/19/2008 7:36:10 AM PDT by sailor4321
[ Post Reply | Private Reply | To 24 | View Replies ]


To: sailor4321
Well, what is so bad about outlawing libel against the government?

A government is not a person. How can it be libeled?

61 posted on 03/19/2008 7:40:13 AM PDT by Hemingway's Ghost (Spirit of '75)
[ Post Reply | Private Reply | To 59 | View Replies ]

To: sailor4321
Well, what is so bad about outlawing libel against the government?

The original point of libel laws was to defend private individuals from having their character defamed in print, on the presumption that few private individuals had the financial means to defend their reputation against a publishing concern.

The government has the resources to defend its reputation in the court of public opinion.

Moreover, there is a conflict of interest when the government, as the offended party, is also the prosecutor and judge.

Finally, there is no bright line between expressing an opinion and making a factual claim. Language is fluid. It is better to err on the side of presuming opinion, in order to give freer rein to free speech.

70 posted on 03/19/2008 8:11:52 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
[ Post Reply | Private Reply | To 59 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson