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Rethinking Defamation

David A. Anderson
University of Texas at Austin - School of Law



Arizona Law Review, Vol. 48, p. 1047, 2006
U of Texas Law, Public Law Research Paper No. 122

Abstract:     
The question addressed in this article is "Whither defamation?" One issue is whether defamation should be included in the new Restatement of Economic Torts. The answer is no, on the ground that although redress of economic harm is one function of the law of libel and slander, the essential objectives of those torts are noneconomic. The second question is whether defamation law is of sufficient practical importance to justify a new Restatement on the subject. The answer is yes, but only if the project contemplates a thorough reconsideration of reputational and free speech values in light of present realities.

Accepted Paper Series

Date posted: March 31, 2007 ; Last revised: March 31, 2007

Suggested Citation

Anderson, David A., Rethinking Defamation. Arizona Law Review, Vol. 48, p. 1047, 2006; U of Texas Law, Public Law Research Paper No. 122. Available at SSRN: http://ssrn.com/abstract=976116


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David A. Anderson (Contact Author)
University of Texas at Austin - School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
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