The Legalization of Blackmail: A Reply to Professor Gordon

42 Pages Posted: 15 Jul 2011

See all articles by Walter E. Block

Walter E. Block

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business

Date Written: July, 13 2011

Abstract

Blackmail is the offer to refrain from engaging in an act that one has the right to perform. Typically, the licit act from which the blackmailer is offering to refrain is the exercise of his rights of free speech. Alternatively, the blackmailee can initiate this agreement; he may approach the blackmailer with the offer of money or other valuable consideration as the price for the blackmailer's silence. In a 1993 article, Wendy J. Gordon hypothesized that blackmail's "central case" occurs when the blackmailer is in possession of information embarrassing or harmful to the blackmailee, and for a fee refrains from publicizing that information. The present Article responds to Gordon's assertion that, for various reasons, blackmail should be legally prohibited.

Suggested Citation

Block, Walter E., The Legalization of Blackmail: A Reply to Professor Gordon (July, 13 2011). Seton Hall Law Review, Vol. 30, 2000. Available at SSRN: https://ssrn.com/abstract=1885103

Walter E. Block (Contact Author)

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business ( email )

6363 St. Charles Avenue
Box 15, Miller 321
New Orleans, LA 70118
United States
(504) 864-7944 (Phone)
(504) 864-7970 (Fax)

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