PRESIDENT GEORGE W. BUSH Message Board

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Politics : PRESIDENT GEORGE W. BUSH

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To: jlallen who wrote (177445)	9/4/2001 6:42:57 PM
From: Mr. Whist	Read Replies (1) of 769670

Nope. Tommy's wrong. You're wrong. Tommy said "Free speech is not freedom to lie." The legal litmus test for libeling a public figure is twofold: (1) publication of a falsehood; (2) reckless disregard for truth. If you two were correct, then the litmus test would only be (1). Hence, the First Amendment does indeed protect "less-than-truthful" speech in certain cases, such as when a TV newscast mistakenly puts the wrong picture on the screen of a murder suspect. What was published was a falsehood, but it was not published with a reckless disregard for the truth. It was an honest mistake. The First Amendment also gives leeway to those who stretch the truth through news analysis via the use of use parody, humorous comparison, etc. A good example would be Thomas Watson calling Bill Clinton a rapist. That is potentially libelous because (1) Bill Clinton has never been convicted in a court of law of rape; (2) Thomas Watson is publishing said information on SI knowing full well that said information is false. "Free speech" does not equal "true speech." You, of all people, should know this.

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