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Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity ...
Doe v. Cahill, 884 A.2d 451 (Del. 2005), [1] is a significant case in the realm of anonymous internet speech and the First Amendment.While similar issues had been tackled involving criticism of a publicly traded company, [2] the case marks the first time the Delaware Supreme Court addressed the issue of anonymous internet speech and defamation "in the context of a case involving political ...
The Court said that because of these core American free-speech principles, it would have to consider Sullivan's defamation claims "against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes ...
Tricolon – the pattern of three phrases in parallel, found commonly in Western writing after Cicero—for example, the kitten had white fur, blue eyes, and a pink tongue. Trivium – grammar, rhetoric, and logic taught in schools during the medieval period. Tropes – a figure of speech that uses a word aside from its literal meaning.
Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [ 2 ] Most states recognize that some categories of false statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that the statement caused them ...
Swift’s essay is so effective because it mimics the voice of an entitled aristocrat to argue for eating children as a means to reduce poverty. A disclaimer would defeat the point.
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
A defamatory statement is presumed to be false, unless the defendant can prove its truth. English defamation law puts the burden of proof on the defendant, and does not require the plaintiff to prove falsehood. For that reason, it has been considered an impediment to free speech in much of the developed world.