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  1. #21
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    Default Re: Is Truth Ever Not a Defense to Free Speech

    Quote Quoting Taxing Matters
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    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.
    Re the bolded: Even if Jake knows that Sam will then beat up Tom, and that was Jake's reason for telling him?

  2. #22
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    Mar 2013
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    Default Re: Can You Sue for Defamation Over a True Statement

    Quote Quoting MikeSmith321
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    Suppose Jake knows that Sam is crazy and loves to beat up lawyers. Jake hates Tom, who is a lawyer. One day, the three are at the same bus stop.
    Now just wait a minute.

    Why is Tom, who is a lawyer, at a bus stop associating with such riff-raff? If he had been riding safely in the back of his chauffeur driven limousine, paid for by well earned client fees, none of this would have happened.

    Let this be a lesson to those of you who are considering a career in pro bono.

  3. #23

    Default Re: Is Truth Ever Not a Defense to Free Speech

    Quote Quoting Taxing Matters
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    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.
    If people are able to give out people's home address, name, or other info to strike fear into them and others who would speak out on controversial issues, that could cause a chilling effect against others exercising their freedom of speech. In this case, it giving the truth about someone's identity ever a tort or illegal? I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?

  4. #24
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    Oct 2014
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    Default Re: Is Truth Ever Not a Defense to Free Speech

    Quote Quoting llworking
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    Re the bolded: Even if Jake knows that Sam will then beat up Tom, and that was Jake's reason for telling him?
    That would depend on the applicable state law, and of course the state's ability to prove that Jake's reason was to incite Sam to beat up Tom. But in general the Supreme Court has held that free speech rights even applies to statements that might provoke a mob, as long as the speaker is not urging the crowd to commit imminent violence against others.

    Quote Quoting L-1
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    Why is Tom, who is a lawyer, at a bus stop associating with such riff-raff? If he had been riding safely in the back of his chauffeur driven limousine, paid for by well earned client fees, none of this would have happened.
    If you truly think that most successful lawyers make enough to afford chauffer driven limosines then you truly don't know much about how much most lawyers make. On average, lawyers earn less than doctors, and you don't see may doctors rolling around in limos. Whatever you think of lawyers, at least get your facts right.

    Quote Quoting nailiyatsi
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    I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?
    Yes, the media could report the names of rape victims if they wished. It is not illegal to do so, and a law making that illegal would run into First Amendment problems.

  5. #25

    Default Re: Is Truth Ever Not a Defense to Free Speech

    Quote Quoting nailiyatsi
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    If people are able to give out people's home address, name, or other info to strike fear into them and others who would speak out on controversial issues, that could cause a chilling effect against others exercising their freedom of speech. I xender discord omegle n this case, it giving the truth about someone's identity ever a tort or illegal? I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?
    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.

  6. #26
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    Default Re: Is Truth Ever Not a Defense to Free Speech

    I can't believe nailiyatsi hasn't been banned.

  7. #27
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    Aug 2019
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    Default Re: Can You Sue for Defamation Over a True Statement

    Quote Quoting jk
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    So if I threatened to put my kids in their bedrooms unless they quit screaming it would be illegal?
    If people are able to give out people's home address, name, or other info to strike fear into them and others who would speak out on controversial issues, that could cause a chilling effect against others exercising their freedom of speech. In this case, it giving the truth about someone's identity ever a tort or illegal? I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?

  8. #28
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    Oct 2014
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    Default Re: Can You Sue for Defamation Over a True Statement

    Quote Quoting amekassa43
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    If people are able to give out people's home address, name, or other info to strike fear into them and others who would speak out on controversial issues, that could cause a chilling effect against others exercising their freedom of speech. In this case, it giving the truth about someone's identity ever a tort or illegal? I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?
    I'm going to guess that you are nailiyatsi under a new user name. Again, please don't just quote a post (in this case one by nailiyatsi) as your post, like you did here. The question that nailiyatsi (you?) asked has already been answered.

  9. #29
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    Default Re: Can You Sue for Defamation Over a True Statement

    Quote Quoting amekassa43
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    In this case, it giving the truth about someone's identity ever a tort or illegal?
    It can be, yes. As one example, in Ohio it is a criminal offense to publish or communicate publicly a police office's home address by certain persons.

    http://codes.ohio.gov/orc/2921.24

    http://codes.ohio.gov/orc/2921.25v1

    I read that reporters voluntarily do not publish the names of rape victims, but does that mean they could do so if they wanted to?
    Of course they can by law, individual media publication policies may or may not permit it, the same with juveniles arrested.

  10. #30
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    Default Re: Can You Sue for Defamation Over a True Statement

    Quote Quoting cidsongs@gmail.com
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    Maybe malitious intent to damage ones charecter or harrassment
    Can Jake claim truth as a defense to any legal repercussion? Surely if someone told a crook where a home owner keeps a spare key, that would be illegal.

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