The Slow Demise of Defamation and the Privacy Torts

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2 Responses

  1. To your excellent list, I would add a couple of other points:

    1. the ubiquity of the internet and resultant jurisdictional quagmire, both in terms of personal and subject-matter jurisdiction; and
    2. the procedural hurdles which often make it cumbersome and costly to compel third party ISPs to disclose the IP or email addresses of the anonymous/pseudonymous posters.

  2. RufusMoon says:

    This country is long overdue for tort reform. Doctors, lawyers, any holder of a professional job in general was in danger of having their career ended by a sue-happy litigant. Hopefully these changes are just the beginning. Lawsuits like the Supreme Court’s Westboro Baptist Church is just one of the many reasons why lawsuits should become more limited: http://lawblog.legalmatch.com/2010/10/08/for-free-speech-to-matter-it-must-protect-the-worst-of-the-worst/