From: "Mark M." <markm@voicenet.com>
Date: Fri, 31 Jan 1997 13:25:57 -0800 (PST)
To: Cypherpunks <cypherpunks@toad.com>
Subject: Re: Libel & the 1st Amendment
In-Reply-To: <199701310745.XAA07005@toad.com>
Message-ID: <Pine.LNX.3.95.970131160355.1646A-100000@purple.voicenet.com>
MIME-Version: 1.0
Content-Type: text/plain


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On Thu, 30 Jan 1997, Jim Choate wrote:

> > * Many 1st Amendment experts don't believe in the legal concept of libel.
> > It is, they say, a rich man's game
>
> Exactly, instead of equal protection under the law we have a specieocracy.

Anyone can afford a contingency-free attorney as long as the plaintiff has a
good chance of being awarded damages.  This has the benefit that the legal
system doesn't get overcrowded with frivolous cases.

> > -- if I'm libeled by the NYT, I'm
> > probably not going t be able to sue them, but Donald Trump can. Moreover,
> > if I don't have the resources to sue but the statement is libelous, it
> > creates a *presumption* in the minds of the readers that the article is
> > certainly true. (If it were not, I would have sued, right?)
>
> Another good example of why our system is broke.

If the legal concept of libel is abandoned, this presumption will largely
disappear.  People will have to rely on the credibility of the source, instead
of whether or not the victim of libel has sued.



Mark
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