TY - JOUR
T1 - Free Speech and Cheap Talk
AU - Hemel, Daniel
AU - Porat, Ariel
N1 - Publisher Copyright:
© 2019 The Author(s) 2019. Published by Oxford University Press on behalf of The John M. Olin Center for Law, Economics and Business at Harvard Law School.
PY - 2019
Y1 - 2019
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=85084259159&partnerID=8YFLogxK
U2 - 10.1093/jla/laz004
DO - 10.1093/jla/laz004
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AN - SCOPUS:85084259159
VL - 11
SP - 46
EP - 103
JO - Journal of Legal Analysis
JF - Journal of Legal Analysis
SN - 2161-7201
IS - 1
ER -