2006-11-29 05:27:47 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If so; does slander contradict the freedom of speech? Or how does the freedom of speech differ from slander?
2006-11-29 05:31:30 · update #1
Most if not all states have anti-slander legislation. It's a civil offense though, not a criminal offense. They also have anti-libel legislation. Slander is spoken and libel is written.
In either case, there has to be verifiable proof that the actions caused the person a loss, whether it be defamation of character, retaliation by someone who was offended by the allegations, loss of employment, etc.
The person has to be able to show that the allegations directly caused them real, tangible harm before the case is entertained and/or won.
The difference between freedom of speech and slander laws are this:
The 1st Amendment (Freedom of Speech) gives you the right to have an opinion without fear of censorship. In other words, if you feel like voicing opposition to the government, rallying for an important cause, advertising products, etc., then no one can keep you from doing that just because they don't like what you have to say. (As an example, there are many countries in the world where a citizen cannot speak negatively about the government at all)
Slander and Libel legislation is a necessary check on that however, because some people get carried away and begin personally attacking others, first with the truth and later with outright lies if they don't get the sought after reaction with the truth.
FOS guarantees that you will always have the right to speak and be heard and S/L laws keep you from going overboard and causing actual harm to someone. Being offended by someone's opinion is one thing and having actual damage is another.
2006-11-29 06:05:02 · answer #1 · answered by Goyo 6 · 0⤊ 0⤋
All states have laws against slander in their Civil statutes. Freedom of speech allows you to say anything you want as long as what you are saying does not WRONGFULLY defame the character of another. In other words, if you were a public figure in your community and I told a lie and said you had sex with an underage girl (or boy??) and it were not true I would be liable for slander. My slanderous lie caused you grief, possibly the loss of your family, job, respect from the community, etc. Freedom of speech is a great liberty...until it hurts someone.
2006-11-29 05:41:07 · answer #2 · answered by Tom M 3 · 1⤊ 0⤋
You usually see charges of slander in civil cases, not criminal cases.
In most states, you will not find a law against slander on the books. But there would be laws allowing one person slandered by another to sue the other for damages.
2006-11-29 05:36:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
slander is tricky... you'd have to consult a lawyer about this.
2006-11-29 05:53:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes, most states do. but it is rare that anyone is charged with it and prossicuted.
2006-11-29 05:29:36 · answer #5 · answered by trevathecleva 2 · 0⤊ 1⤋
i think so!!!???
dora~*
2006-11-29 05:29:21 · answer #6 · answered by BARCELONA LOVER 2 · 0⤊ 1⤋