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1st Amendment and Free Speech/freedome of speech
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Question
i would like to know if there is a law in the usa concerning the issue of freedome of speech and libel ?
Hi Daria,
There are no federal laws. However, each of the 50 states have their own laws. For the most part, libel must be in writing (otherwise it is slander). It must be shown to third parties, not just the victim. It must be a false statement of fact (not an opinion). It must also be defamatory (i.e. harmful to one's reputation).
Even if the above standards are met, the First Amendment comes into pay if the victim is a public figure. The federal courts say that the alleged author must know that what they said was false or acted with reckless disregard for the truth or falsity of the statement.
I hope this helps!
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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