Title

A Taste of Justice: 1st Amend. (7) Defamation as Unprotected Speech, with Professor Kupenda

Streaming Media

Document Type

Video

Publication Date

1-25-2021

Abstract

This presentation explains another unprotected category of speech, DEFAMATION. Remember, generally, government may not regulate the Content of Pure Speech UNLESS government meets the most exacting level of scrutiny. However, government may regulate the Content of Pure Speech if the speech is in an UNPROTECTED category (which government generally may regulate with a low-level rational basis). The first category of unprotected speech discussed on earlier presentations was "Speech that Advocates Illegal Action." This presentation will discuss “Defamation.” The presentation will discuss the major case where a police commissioner sued the NYTimes and several ministers who published a paid editorial in the NYTimes encouraging others to support the movement for racial equality. An Alabama police commissioner (whose name had not been called out) sued them for defamation because of minor inaccuracies in the ad and injuries to his reputation. This is one of the beginning cases where the Court addresses the result when state laws on defamation confront free speech. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to "take a soak" in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice.

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