Archive for the ‘truth’ Category

Mitchell H. Rubinstein, “A Peek at New York Defamation Law”

May 17, 2011
Free Speech for the Dumb

Image by Walt Jabsco via Flickr

Mitchell H. Rubinstein (New York Law School; St. John’s University – School of Law) and blog editor of the Adjunct Prof Law Blog, has published “A Peek at New York Defamation Law”, New York State Bar Journal, Vol. 82, p. 58, Nov./Dec. 2010/ NYLS Legal Studies Research Paper No. 10/11 #14.

Here’s the abstract:

This article is a primer on the law of defamation in New York. The article discusses the definition of defamation, litigation issues involving pre-complaint disclosure, defenses such as truth and opinion, and the different types of privileges.

A copy of the article may be downloaded here.

Jacob Weinrib on "What is the Purpose of Freedom of Expression?"

May 11, 2010

“What is the Purpose of Freedom of Expression?” asks Jacob Weinrib (Ph.D. Candidate, University of Toronto, Department of Philosophy) in a provocative new article published in the University of Toronto Faculty of Law Review, Vol. 67, No. 1, 2009

Here is the abstract:

Since freedom of expression is a Charter right, its purpose (or purposes) must be understood in relation to the broader values of the Charter. This note considers whether the traditionally articulated purposes of freedom of expression actually cohere with the values of the Charter framework in which the right of freedom of expression arises. The Supreme Court of Canada conceives of freedom of expression as (1) an instrument for the realization of truth; (2) an instrument of democratic self-government; and (3) an aspect of self-realization or human dignity. The author finds that, of the purposes traditionally understood to underlie freedom of expression, only the dignity of persons relates the broader values of the Charter framework to the realm of expressive activity. The author formulates a dignity-based conception of freedom of expression, defends it from objections, presents its doctrinal implications, and applies it to a recent controversy between Maclean’s and the Canadian Islamic Congress.


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