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As a general rule, the government can itself say whatever it wants to, even if this "favors one viewpoint over another". [73] If the government is using the speakers to express its own message, it is constitutional. [74] This analysis can change if the government is trying to encourage a "diversity of private views indiscriminately".
Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
For example, if it can be established that the defendant knowingly conveyed untruths. [195] Article 4 makes it a crime to defame a deceased person according to Article 1 or 2. [194] Most obviously, the paragraph is meant to make it illegal to defame someone's parents as a way to bypass the law. [195]
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Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law).
Some freeware products are released alongside paid versions that either have more features or less restrictive licensing terms. This approach is known as freemium ("free" + "premium"), since the "free" version is intended as a promotion for the premium version. [17] The two often share a code base, using a compiler flag to determine which is ...