Rethinking Defamation

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.

Number of Pages in PDF File: 14

Accepted Paper Series