Chapter 1: | Defamation Laws on a Collision Course: The Evolution and Convergence of American and English Law |
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Chapter 1
Defamation Laws
on a Collision Course
The Evolution and Convergence
of American and English Law
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. First Amendment to the Constitution of the United States
Introduction
Each society must develop a balance between freedom of speech and the right of reputation.1 Reputation may be protected through defamation and privacy laws. However, in the United States, restrictions on freedom of speech must endure an uneasy coexistence with the seemingly absolutist terms of the First Amendment. Essentially, defamation protects