Do we have sufficient safeguards for free speech

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Question: Defamation is not protected speech and is, therefore, subject to ex post facto punishment. A criticism of this approach is that, unless the criteria upon which speech is punishable are very clear, the inevitable consequence is self-censorship. When a jury is responsible for determining (summary judgments not withstanding), on a case by case basis, what constitutes necessary conditions such as a defamatory statement, actual malice, negligence, etc.... Do we have sufficient safeguards for free speech? Should all libel law, as currently constructed, be set aside? Does "right of reply" provide an adequate alternative?

Reference no: EM133596562

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