Free Speech and Cheap Talk

Daniel Hemel, Ariel Porat

Research output: Contribution to journalArticlepeer-review

Abstract

We present a new framework for analyzing defamation liability that serves both to clarify and complicate understandings of the law's consequences for speakers, victims, and the marketplace of ideas. In addition to the familiar deterrence and chilling effects, we show how defamation liability can generate a "warming effect," making statements more credible and potentially raising both the quality and quantity of speech. We also explain how a more plaintiff-friendly liability regime may exacerbate harms to defamation victims. We end by considering the possibility of "self-tailored" defamation law, with victims or speakers selecting the defamation liability regime that applies to them.

Original languageEnglish
Pages (from-to)46-103
Number of pages58
JournalJournal of Legal Analysis
Volume11
Issue number1
DOIs
StatePublished - 2019

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