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>>State Court Should Not Recognize ‘Defamation by Implication’

State Court Should Not Recognize ‘Defamation by Implication’

Filed an amicus brief (with other amici) in the Supreme Court of the State of Idaho in Verity v. USA TODAY.  The brief urges the court not to recognize a cause of action for “defamation by implication” based on the dissemination of concededly accurate facts about a matter of public concern.  The case involves a schoolteacher whose license had been revoked for misconduct in one state but later issued in another state.  Recognizing implied defamation as a cause of action would run afoul of the First Amendment because speech would inevitably be inhibited out of fear that its dissemination would lead to liability.  [2018]

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By | 2018-04-26T17:50:52+00:00 April 26th, 2018|Law & Policy|Comments Off on State Court Should Not Recognize ‘Defamation by Implication’