Monday, March 18, 2019

Is it libel / slander if someone says something about you that you don't like?

In 1735, the publisher of a newspaper in New York City, John Peter Zenger, published an article that was critical of the governor of the New York colony.  The governor sued arguing that Zenger had slandered him by being critical.  The courts disagreed, and established the principle that in order for a plaintiff to win a  libel (written or printed) or slander (spoken) case, he or she had to prove that what was said was untrue, that the speaker or writer KNEW it was untrue, and that it was said or written for the purpose of harming the reputation of the plaintiff, and in fact DID harm the plaintiff.

In other words, if it's TRUE it's not libel or slander.

Now where does satire fit in?

Well, it may or may not be true, the speaker or writer may or may not know it isn't true, but it isn't done to harm the reputation of the other person. 

Our courts recognize something called "Freedom of Speech and of the Press" which allows us to criticize our leaders.

We've been doing that in this country since 40 years before our Declaration of Independence.

And we've done it to Republicans, Democrats, Whigs, and every other political party we have ever had.

Satire or criticism many years ago was so strong that it makes today's criticism look like milquetoast in comparison.  The criticism of our leaders as we do it today would pale compared with what was said and written in, say, 1870, or even in other countries today, such as the United Kingdom, where criticizing the prime minister is almost national sport.

So when I hear of a president of the United States who wants a long-running television program investigated by the FBI and the Justice Department because they satirize him, my head wants to explode.

Until I realize that Donald Trump has not the faintest idea of what the First Amendment stands for.

No comments:

Post a Comment