Thou Shalt not Use His Name in Vain - The Misapplication of Milkovich v. Lorain Journal: Spence v. Flynt
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Authors
Tracy, Thomas J.
Issue Date
1993
Volume
26
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|Throughout history, a person's reputation has been given the highest order of protection by society and its laws. The Bible commands us, "Thou shalt not bear false witness against thy neighbor," and counsels that "[a] good name is rather to be chosen than great riches." William Shakespeare teaches us that a good name "is the immediate jewel of our souls. Who steals my purse steals trash.... But he that filches from me my good name robs me of that which not enriches him, and makes me poor indeed." In American jurisprudence, courts have recognized that a state has a legitimate interest in compensating individuals for the injuries received from defamatory falsehoods. At the same time, "our profound national commitment to the free exchange of ideas, as enshrined in the First Amendment, demands that the law of libel carve out an area of 'breathing space so that protected speech is not discouraged."...
Description
Citation
26 Creighton L. Rev. 1221 (1992-1993)
Publisher
Creighton University School of Law