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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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Conclusion

Conclusion

Chapter:
(p.280) IX Conclusion
Source:
Defamation and Freedom of Speech
Author(s):

Dario Milo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199204922.003.0009

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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