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  1. #3
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    Default Re: Is Truth Ever Not a Defense to Free Speech

    Truth is a complete defense to the tort of defamation. As for whether a statement, true or not, might get the speaker into legal trouble depends very much on what is said, who said it, and the circumstances in which it is said. The free speech protection found in the First Amendment to the U.S. Constitution is simply a guarantee against restraint of speech by the government. Note that the right of free speech even protects lies. But like all rights, the right to free speech is not absolute. The government may place certain restrictions on speech where it has a compelling interest to protect. The classic example is that is often used is that the government may make it illegal to shout “fire” in a crowded theater when, in fact, there is no fire because the resulting panic might cause significant injury or even death to the theater patrons as they scramble to get out.

    As to your first example, Jake informing Sam that Tom is a lawyer is not a crime. Sally telling Matthew’s boss that he gave the speech is not a crime and, if true, would not give Matthew any legal against against Sally if Matthew gets fired.

    Note that generally there is no law that protects your name, address, and phone number from disclosure by others; there are few circumstances in which that information is protected, but it is limited. Privacy rights in the U.S. are much more limited than most people seem to think it is. A newspaper may publish the name of rape victims if it wished; the right of freedom of the press and free speech enable the paper to do that. No state, so far as I am aware, has a law that tries to restrict a news outlet from doing that for that reason.

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