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Rethinking Defamation

Abstract

Whether defamation belongs in a Restatement of economic torts is an easy question to answer: It doesn't. Defamation is a dignitary tort; attempting to reduce it to a remedy for economic loss would be historically unfaithful, doctrinally radical, and destructive of important cultural values. Whether the law of defamation should be restated at all is a more difficult question. It is so diminished in practical importance that the effort required to make sense of its doctrinal intricacy might be disproportionate to the benefits. Rethinking the entire subject of reputation and free speech, on the other hand, would be immensely useful, but a Restatement may not be the most appropriate or politically feasible vehicle for that enterprise.

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48 Ariz. L. Rev. 1047 (2006)

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Authors

David A. Anderson (University of Texas)

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