Hello! My name is Brian Dean Abramson, and this is my blog. It is called "Slander and Libel" for a good reason - because it is primarily about the area of law more broadly known as "defamation," which includes slander and libel. You may ask, why not just call this blog "Defamation"? Well, I think "Slander and Libel" just has a nicer ring to it.
Now for a quick background. First, about me: I am an LLM candidate at The George Washington University Law School. I received my J.D. from the Florida International University College of Law in 2005, then practiced for about a year and a half with a Coral Gables intellectual property firm headed by one of the nation's top IP lawyers, Leslie J. Lott. When I later struck out on my own, I did contract work for another area attorney, which gave me some fairly substantial exposure to defamation, false light, and right of publicity causes of action.
Now, about the law of defamation. The law (at least as it applies in the United States) can basically be summed up as follows: if person A says or writes something about person B which is false, and person B is injured thereby, then person B can recover for his injury (and perhaps some extra damages to punish person A and dissuade others from acting like that). However, that is a vast oversimplification of the many issues which may arise in this cause of action. Suppose person A doesn't identify person B by name, but describes person B by characteristics? Suppose person A writes a book purporting to be fiction, but one of the characters is asserted to be a thinly veiled caricature of person B? And suppose person A expresses a nasty opinion of person B, but doesn't come right out and claim a false fact? All of these are issues upon which defamation cases may hinge, and many more are waiting in the wings.
Furthermore, in the United States, there is another set of considerations arising from the First Amendment guarantee of freedom of speech. At its core, this guarantee protects the right of citizens to engage in political speech, including the criticism of public officials. Thus, the Supreme Court has found that the First Amendment presents a higher bar for such an official to claim that he or she has been defamed. This bar has also been imposed, in sometimes unpredictable ways, towards persons who are not public officials, but who have entered the light of public interest due to circumstances beyond their control.
I intend to post two to three discussions per month detailing the state of defamation law, quirks thereof, and new developments thereto. Comments, questions, and suggestions welcome.
Warm regards,
Brian Dean Abramson, Esq.
Now for a quick background. First, about me: I am an LLM candidate at The George Washington University Law School. I received my J.D. from the Florida International University College of Law in 2005, then practiced for about a year and a half with a Coral Gables intellectual property firm headed by one of the nation's top IP lawyers, Leslie J. Lott. When I later struck out on my own, I did contract work for another area attorney, which gave me some fairly substantial exposure to defamation, false light, and right of publicity causes of action.
Now, about the law of defamation. The law (at least as it applies in the United States) can basically be summed up as follows: if person A says or writes something about person B which is false, and person B is injured thereby, then person B can recover for his injury (and perhaps some extra damages to punish person A and dissuade others from acting like that). However, that is a vast oversimplification of the many issues which may arise in this cause of action. Suppose person A doesn't identify person B by name, but describes person B by characteristics? Suppose person A writes a book purporting to be fiction, but one of the characters is asserted to be a thinly veiled caricature of person B? And suppose person A expresses a nasty opinion of person B, but doesn't come right out and claim a false fact? All of these are issues upon which defamation cases may hinge, and many more are waiting in the wings.
Furthermore, in the United States, there is another set of considerations arising from the First Amendment guarantee of freedom of speech. At its core, this guarantee protects the right of citizens to engage in political speech, including the criticism of public officials. Thus, the Supreme Court has found that the First Amendment presents a higher bar for such an official to claim that he or she has been defamed. This bar has also been imposed, in sometimes unpredictable ways, towards persons who are not public officials, but who have entered the light of public interest due to circumstances beyond their control.
I intend to post two to three discussions per month detailing the state of defamation law, quirks thereof, and new developments thereto. Comments, questions, and suggestions welcome.
Warm regards,
Brian Dean Abramson, Esq.
1 comment:
Good job B.! I look forward to reading your blog.
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