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Defamation and Freedom of Speech$
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Dario Milo

Print publication date: 2008

Print ISBN-13: 9780199204922

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199204922.001.0001

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(p.280) IX Conclusion
Defamation and Freedom of Speech

Dario Milo

Oxford University Press

This concluding chapter reviews the discussions in the preceding chapters. It argues that for purposes of constitutional law, a distinction must be made between public and private defamatory speech. In cases involving public speech, claimants should have to show falsity, negligence, and damage to reputation to succeed. In cases of private speech, the existing common law principles could remain intact.

Keywords:   defamation law, free speech, reputation, rights, defamatory speech, presumption of falsity, damages, alternative remedies

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