First Amendment And Defamation Essay

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The relationship between a person’s right to the First Amendment and another’s right to protect their name has always been strained. The line is often blurred with regards to knowing which personal remarks are allowed and which border defamation. The term “defamation” is a term that refers to any statement that hurts an individual’s reputation and or personhood. If the statement is made in writing and is published, it is called “libel”. If the hurtful statement is spoken aloud, the statement is then considered “slander”. It gets tricky because the government cannot imprison someone for making a defamatory statement because it is not a crime to express one’s opinion. Instead, defamation is considered to be a civil wrong. A person who …show more content…

A “statement” needs to be spoken, written, or otherwise expressed in some manner. In order for a statement to be published, a third party must have seen, heard or read the defamatory statement. The third party has to be somebody who was apart from the person making the statement and the subject of the statement. A defamatory statement does not need to be published in a book. Instead, if the statement is heard over the television it is considered to be published. The statement must have shown that it caused injury to the targeted subject. What I mean by this is that the subject’s reputation had to be damaged. The statement being claimed has to be false. If the statement is true, then they are not considered …show more content…

Social media platforms like Twitter and Facebook enable their users to instantly “publish” a statement that can reach thousands of people in a matter of minutes. Whether it is a Facebook post, or a YouTube video, online defamation is treated the same way as more traditional forms. In other words, an individual can be sued for any defamatory statements that they post online. So we as users must be careful as to what we publish. Who is targeted by defamation? Everyone and anyone. In my project, I wanted to focus on defamation and slander in terms of celebrities. I focused and studied on two particular cases: Cameron Diaz v. “The British Sun” and Keira Knightley v. “The Daily Mail”. In order to fully understand what defamation meant, I had to dissect these cases individually and applied what I learned in class this semester to each case. In May of 2005, “The Sun” published an article about Cameron Diaz having an affair with a married man. Diaz ended up suing News Group Newspapers, publishers of “The Sun”. The article in the Sun tabloid said Diaz and the father of one, Shane Nickerson, “enjoyed more than just a professional relationship,” Diaz’s lawyer, Simon Smith told libel judge David

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