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Are slander laws unconstitutional?
The constitution does not stipulate that the freedom of speech must be true.
11 Answers
- Tmess2Lv 71 decade agoFavorite Answer
Actually, this question is one on which both conservative scholars and liberal scholars would agree.
Freedom of speech provides freedom from prior restraint of speech. It does not provide freedom from consequences of that speech. If your speech is criminal (e.g. incitement to riot or a conspiracy to commit a crime), you can be punished for your speech. If your speech causes damages to another person, you can be sued for that damage.
The one great progress in Anglo-American law during the colonial period was the principle that truth is a defense to claims of slander. That principle is understood as being contained in the free speech clause but nobody at the time or sense has understood the free speech clause as abolishing common law claims of slander.
- whizLv 41 decade ago
If you file a false report with the police or fire department, you have committed a crime. This is a case where you can be arrested (rightfully so) and charged for committing a crime for what YOU call "freedom of speech" if it isn't true.
You are free, for the most part, in expressing your opinion, but when what you say (slander) or write (libel) something that is potentially damaging to others, you have committed a crime.
- DamoclesLv 71 decade ago
There are certain limitations to freedom of speech where the intent is to cause harm to another person. Of course, it's not slander if it's true.
Freedom of speech was intended to allow people the right to voice political opinions without fear of government reprisals. It is not intended to protect malicious liars.
- 1 decade ago
where is a real pic of you?
o btw
i think that slander laws are constitutional for the same reason it is illegal to yell fire in a movie theater when its crowded for no reason. It could hurt someone.
i also think that there are exceptions to freedom of speech. not to sure, but i think :D
tlk soon
chy
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- Anonymous1 decade ago
No you cannot slander someone that can cause him stress or trouble. Slander can ruined someones life. Freedom of speech does not mean you can tell lies on someone. You can give your opinion but not a deliberate lie.
- ToodeemoLv 71 decade ago
Freedom of speech is not absolute or without restriction. Slander is not protected speech. Words that incite violence, fighting words, or words that cause panic are not protected. There are exceptions to those rules. But it is a misconception that freedom of speech is absolute.
- LaneLv 61 decade ago
To lie and to spread lies about someone is wrong. The freedom of Speech does not give us the right to ruin another's reputation.
Source(s): Common Sense. - Anonymous1 decade ago
Slander is against the law just like theft and assault are against the law because spreading lies about somebody can have the same physical effects because people could lose everything they own because of slander, just like theft (for example: saying something bad about someones business so nobody buys anything there anymore) and people could get attacked or killed because of rumors or slander, just like assault (for example, saying your neighbor did something horrible to a little kid, in front of a group of angry people).
- jakflakLv 71 decade ago
Slander is civil, not criminal. The constitution doesn't apply to someone suing you, it is protection for you against the government.
Additionally, the Supreme Court has ruled that the 1st Amendment doesn't cover "fighting words".