<<The First Amendment generally covers libel and slander, but I don't have any specific case law to cite that covers internet posting.>>
First of all, the First Amendment has absolutely nothing to do with litigations between private parties, such as in Wexler vs Tava. This amendment is generally a catch-all directive against GOVERNMENT regulation of speech, press, expressions, religious beliefs and so forth. Most laymen don't seem to understand its very basic foundations and meanings, and I repeat, it has ABSOULTELY NOTHING to do with squabbles between private parties.
{{<<freedom of the press? Say what?! >>
Perhaps my esteemed friend Ms. Payne (related to Thomas, no doubt) meant to say "freedom of speech"}}
Barbara is correct; both freedom of speech and freedom of the press are protected by the First Amendment against unreasonable government regulation. Thomas Jefferson stated in 1798: "[The First Amendment] thereby guard[s] in the same sentence, and under the same words, the freedom of religion, of speech, and of the press; insomuch, that whatever violates either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals."
In other words, defenders of democracy, which embraces the First Amendment, should be a force that thoughtfully and eloquently, and when necessary, vengefully fights any serious attempts to limit or control, in any way, the right of man or woman to think, to see, to read, to say, to sing, to print, to sculpt, to film, to paint, or to embody their beliefs or ideas graphically or symbolically.
Kimberly |
