Monthly Archives: June 2024

Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O’Neil – Reason

Posted: June 11, 2024 at 6:32 am

The article is here; the Abstract:

Speech damages someone's reputation when it leads others to believe that that person has done something that reflects poorly on their character. When that belief is also false the reputational damage is undeserved, and it is the point of American defamation law to protect individuals from suffering such undeserved reputational damage.

It is easy to understand why individuals would need protection from false and derogatory claims made about them in works of nonfiction, such as journalism, documentaries, and biographies. But it is not immediately clear why individuals would also need protection from fiction. Although authors of fiction often base their fictional characters on real people, they do not typically make real people characters in their stories. Even when they do put real people in their stories and depict them as doing bad things, the audience is still usually meant only to imagine the real people doing those bad things.

Nevertheless, some works of fiction are not only about real people but also do real and undeserved damage to their reputations. It may not be true, as has often been alleged, that Aristophanes's comedy The Clouds gave Socrates the reputation for rejecting the gods and corrupting the young that later led to his execution. But readers of parodies of news articles published on sites like The Onion and The Babylon Bee are sometimes duped, especially when they are already inclined to think poorly of the public figure that is being ridiculed.

Of course parodies are believed only when they are not recognized as parodies. But there are other genres of fiction that mix facts into the story, such as biofiction, biopics, and docudramas, and it is not always easy for audiences to distinguish what the author is making up from what the author is, or ought to be, trying to get right.

The biographical drama Amadeus suggested that Salieri poisoned Mozart, re-popularizing an old rumor about Salieri that the filmmakers must have at least strongly suspected was false. Salieri, being dead, is in no position to bring a lawsuit. But the villain of the docudrama When They See Us, Linda Fairstein, is alive and is suing Netflix and Ava DuVernay, the director, for defamation.

Fairstein was chief of Sex Crimes Prosecution during the investigation and prosecution of the "Central Park Five," five Black and Latino teenagers who were convicted of the beating and rape of a jogger in Central Park but who were exonerated years later after a serial rapist whose DNA was found at the scene confessed to the crime and said that he had acted alone. Fairstein alleges that she was defamed in several scenes in the docudrama, including in a scene where she is depicted as concealing potentially exculpatory evidence from the defense and a scene where she is depicted as instructing officers to use harsh interrogation techniques. As a result of her depiction in When They See Us, Fairstein's publishing contract was canceled (she had become a best-selling mystery writer since leaving the DA's office), her literary agents dropped her, #cancellindafairstein trended on Twitter, and Glamour magazine expressed regret they had named her Woman of the Year in 1993.

As the docudrama When They See Us makes clear, fiction about real people can do serious damage to their reputations. It is another question whether it is ever appropriate to hold an author of fiction legally liable for that damage. One aim of defamation law may be to reflect our pre-legal moral duties of care to avoid damaging others' reputations. If so, one important consideration for determining how defamation law should handle fiction is whether and when an author of fiction would count, morally speaking, as having wrongfully damaged someone's reputation.

But defamation law is also answerable to another moral value, namely, freedom of speech, that may be in tension with these pre-legal duties of care. Even when it is plausible that an author of fiction has wrongfully damaged someone's reputation, there might still be a reason of freedom of speech, even an overriding reason, to shield such an author from liability.

This Article will address the question of what limits, if any, freedom of speech would place on holding authors liable for the reputational damage they cause with fiction. By "freedom of speech" I will not be referring to the First Amendment but rather to one conception of the moral idea underlying it. According to this conception, the limits that freedom of speech places on the scope of authors' liability for causing false and defamatory beliefs are whatever limits are necessary to adequately protect our interests as potential authors and audiences, and whose costs are acceptable in terms of other interests. To apply this conception, it will be necessary to identify our interests as potential authors of and audiences for fiction about real people, and to assess how these interests would be affected by different limits.

Ultimately, I will argue that freedom of speech is consistent with holding authors liable for reputational damage caused by their violations of fiction's "veracity rules" and for reputational damage caused by mistakes that their target audience would be expected to make. But liability for beliefs that are traceable to mistakes that only an author's incidental audience would be expected to make is, I will argue, prohibited by freedom of speech, so long as the costs of that protection remain acceptable.

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Opinion | Long Before the Woke, There Were the Wide Awake – The New York Times

Posted: at 6:32 am

George Kimball was ready for war as soon as the first brick hit his head.

The 20-year-old printer was listening to an abolitionist lecture in Bostons Bowdoin Square during the 1860 presidential campaign, when a pro-slavery throng tried to shut it down. Kimball was prepared, present as part of a torch-bearing, black-clad bodyguard called the Wide Awakes, who beat the brick-throwers back using their torches as clubs.

As Kimball walked home, blood in his eyes, he wanted war declared at once. Years later, having fought his way through from Bull Run to Gettysburg to Petersburg, he still considered that Boston brickbat, as much a casus belli as was the firing upon Fort Sumter. For him, it was the embattled right to publicly protest slavery that sparked the conflict a fight over free speech brought on the war.

Today, our starkest political debates often turn on similar questions of public speech and public violence. Across diverse conflicts, from college campuses to the Capitols steps, we keep asking where the line is between heated words and aggressive deeds. Though framed as a legal question concerning the First Amendment, more often its a conundrum for our political culture.

In a democracy, how far is too far?

Its a question that fueled Americas bloodiest war. The Civil War was fought over slavery (anyone who says it wasnt is just wrong). But how did American slavery, which began in 1619, spark a conflict in 1861? How did a long-running debate turn into a shooting war? Where, exactly, was that dynamic moment when an argument became a fight?

George Kimballs Wide Awakes help make sense of it all. That half-forgotten movement provides a missing link between the election and the war. In the presidential campaign of 1860, hundreds of thousands of diverse young Americans joined companies of Wide Awakes, marching in militaristic uniforms, escorting Republican speakers, fighting in defense of antislavery speech. Their grass-roots rising helped elect Abraham Lincoln as president but also began the spiral into war.

Originally posted here:
Opinion | Long Before the Woke, There Were the Wide Awake - The New York Times

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Yulia Navalnaya: Free speech is our ‘most important weapon’ DW 06/05/2024 – DW (English)

Posted: at 6:32 am

Yulia Navalnaya and the Russian Anti-Corruption Foundation (FBK), established by her late husband Alexei Navalny, receivedDW's 2024 Freedom of Speech Award at a ceremony in Berlin on Wednesday.

Navalnaya told the audience that free speech had been her husband and his organization's "most important weapon" during the last 13 years while trying to oppose Russian President Vladimir Putin.

"During these years, Putin has destroyed elections. During these years, Putin has prohibited protests. During these years, Putin has suppressed independent media. And he has tried to silence anyone who said what he didn't like.But he failed. Yes, he killed my husband, Alexei Navalny. But he didn't silence him and his ideas," she said.

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The decision to give the prize to Navalnaya and the FBK was originally announced last month.

Navalnayahailed her husband for "risking everything" to show Putin and Russian society more generally that freedom of speech "is not a weakness," as she said dictators like Putin perceived it, but rather a strength.

"Alexei proved this with his entire life and work, when he wasn't afraid to speak in court, in prison, risking everything. Believing that sincere words will defeat any lie. Showing how honest speech brings hundreds of thousands of people to the streets in a country where it seemed like there was no space left for public politics. Showing how the truth makes even an all-powerful dictator tremble with fear," she said.

DW's Director General Peter Limbourg and German Finance Minister Christian Lindner paid tribute to Navalnaya and her late husband, and the FBK's Ivan Zhdanov, a lawyer and longstandingfriend and ally of Navalny's.

"The Anti-Corruption Foundation and Yulia Navalnaya are dedicated to bringing light into the darkness of the corrupt and murderous system that is the Russian government," Limbourg said.

Both Lindner and Zhdanov spoke at length about Navalny's letters from prison during his incarceration prior to his death, including one in which he had noted how the "virus" of free thought appeared to be spreading in Russia's prison system, voicing hope that the secret services would struggle to suppress it.

Lindner described Navlany as a "super-spreader" of this virus in Russia.

"His aim was to, in a way, infect society in order to democratize and permanently immunize it against every form of oppression and autocracy," Lindner said."Like a virus, he was first isolated, and then repressed in the most brutal way. In the end, the regime I have no doubt even murdered him."

Lindner said the DW award served asa reminder of the meaning of democracy and the rule of law.

"Wecannot take for granted any of the core values on which our society is built, even if in Germany we sometimes think that we can, with a certain arrogance. In Russia, you risk your life if you fight for them," he said.

But Lindner also said it was crucial to remember the words of Navalnaya, namely that "Putin is not Russia, and Russia is not Putin."

Navalny had written in one of his letters from prison, when he was saying how he was reading Soviet-era dissident literature and despairing at how familiar the story felt, that he hoped that by 2055nobody could have the same experience in Russia. Lindner voiced hope that not only would this day come, but in much less than another 30 years.

"We must not lose sight of the fact that time is on our side. It is a fact that Putin's time in office will come to an end one day. Which makes it all the more important that Russia is prepared for democracy when the time comes. Ladies and gentlemen, in the long term, the will to be free will always prevail over oppression," said the leader of the neoliberal Free Democrats.

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Alexei Navalny founded the Anti-Corruption Foundation (FBK) in Russia in 2011. Its original primary aim was to combat corruption by uncovering and publicizing cases of bribery and abuse of power among the Russian elite.

But he became one of the most prominent and outspoken opponents of PresidentPutin.

Navalny decided to return to Russia, despite having barely survived what German doctors designated as an attempt to poison him with a Soviet-era nerve agentin January 2021.

He was immediately detained on his return, accused of violating the terms of his bail for prior convictions,and was later sentenced to a series of other charges he dismissed as politically motivated.

In December 2023, he went missing from his prison cell near Moscow for around three weeks. It later transpired he had been transferred to a remote maximum security penal colony in the Arctic Circle.

On February 16, the Russian prison service reported that he had died at the age of 47.

That was just a matter of weeks before Putin's reelection as president.

Navalny's death came on the same day as the opening of the Munich Security Conference in Germany, as DW's chief political correspondent Michaela Kfner noted during the ceremony on Wednesday. Until the 2022 invasion of Ukraine, thesecuritygathering had always made a point of ensuring Russian participation.

Navalnaya still spoke at that event as scheduled, saying she intended to continue her husband's work.

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"Like you, Yulia, I was at the Munich Security Conference when the news broke. It was no coincidence, I'm sure," Lindner said of the timing of Navalny'sdeath. "Putin wanted to send a message to the world. But he was wrong. If he achieved anything, it was to strengthen our resolve. It was you, Yulia, of all people, who gave us back our courage that day. For you to find the strength and determination in Munich to address the worldwas impressive, moving and most inspiring."

The FBK is now designated as a terrorist organization in Russia and is operating effectively from exile. "Deutsche Welle knows the feeling," Kfner said when mentioning this at the event, in reference to the closure of DW's offices in Moscow shortly before the invasion of Ukraine.

DW's Russian language service continues to operate and try to reach users in Russia, Director General Limbourg stressed at the event, despite Moscow's efforts, not unlike China, to restrict ordinary people's access online or by other means of reception.

DW launched the annual Freedom of Speech Award in 2015.

It "honors people who passionately stand up for freedom of opinion and of the press," as Limbourg put it during Wednesday's ceremony in Berlin.

Past winners include investigative journalists Oscar Martinez from El Salvador, Tobore Ovuorie of Nigeria, Anabel Hernandez from Mexico, the White House Correspondents' Association, Saudi Arabian dissident and humanist Raif Badawi, andMstyslav Chernov and Evgeniy Maloletka from eastern Ukraine, for their work soon after Russia's 2022 full-scale invasion.

Edited by: Natalie Muller

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Betway Sportsbook Promo Code: Get A First Bet Reset Of Up To $250 On June 10th, 2024 – Bookies.com

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Fanatics Sportsbook Virginia Promo Code: Bet And Get Up To $1K In Bonus Bets For June 10th, 2024 – Bookies.com

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Fanatics Sportsbook Virginia Promo Code: Bet And Get Up To $1K In Bonus Bets For June 10th, 2024 - Bookies.com

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Fanatics Sportsbook Massachusetts Promo Code: Bet And Get Up To $1K In Bonuses For June 10th, 2024 – Bookies.com

Posted: at 6:32 am

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Earlier this year, Fanatics Massachusetts Sportsbook Launched its mobile sports betting app. Since it's a new player in the industry, the delay in the approval process wasn't unexpected.

According to Bookies.coms Bill Speros, who had been covering the Massachusetts sports betting launch, there were several reasons why the Fanatics Sportsbook Massachusetts launch hit a snag back in January.

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First, MGC commissioners were concerned about the lack of a responsible gaming plan from Fanatics Massachusetts.

According to the company, it has 2 million names in its Massachusetts database, but the concern is that it hadn't adequately shown how it would separate those who are under 21 years old from those who are 21 years old (sports betting in Massachusetts will only be legal for those 21 and over).

When that was cleared Fanatics Massachusetts Sportsbook went live and became a big player in the state of Massachusetts.

It is easy to sign up for the Fanatics Sportsbook promo code. Just follow these simple steps:

If what you want is to refer a friend, you can find your fanatics refer-a-friend link by accessing your account and proceeding to the Refer a Friend

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Fanatics Massachusetts went live earlier this year, but before we need to talk about the history of the company before it even became a sportsbook.

Back in 1995, Alan and Mitchell Trager of Jacksonville founded Fanatics Inc. as a sports retail company, which later expanded into the online world. Then, in 2011, Michael Rubin and GSI Commerce bought Fanatics Inc. for $171 million in cash and $106 million in GSI Commerce common stock.

A year after that, Rubin bought Fanatics Inc. from eBay for $2.4 billion. Rubin decided to bring back the online Fanatics Inc. store, and since then, it has become by far the biggest sports merchandising company in North America. If you buy a sports jersey, its likely made by Fanatics Inc. However, Rubins vision doesnt stop at just a clothing company.

Rubin has been a staple of the sports industry for years. He used to be an exclusive for both the NBAs Philadelphia 76ers and the NHLs New Jersey Devils, so his name is fully entrenched in the North American sports scene.

However, he sold his stakes in those entities when he decided that he would be launching Fanatics Sportsbook so there was no conflict of interest. In addition to Rubin being part of the Fanatics team, he also hired former FanDuel CEO Matt King to help with the launch, which should give Fanatics a foot up on its competition.

In 2021, Rubin first announced his intentions to launch Fanatics Sportsbook, and he even brought in hip-hop recording star Jay-Z as the Fanatics vice chairman, which is a big deal.

Fanatics Sportsbook then applied for a license in New York but did not get it when sports betting in that state launched. Sometime after that, in May 2022, the Fanatics Sportsbook trademark was filed, showing that the sportsbook was on the way.

The company was approved and launched in both Ohio and in Maryland. Shortly after, Fanatics was approved in Massachusetts.

In Ohio, Fanatics Ohio has partnered with the NHLs Columbus Blue Jackets, while in Maryland, Fanatics Maryland has partnered with the NFLs Washington Commanders and its home stadium, FedEx Field, where it has plans for both a retail and online platform.

Once live, Fanatics Sportsbook became a contender of sports betting apps in Massachusetts.

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Fanatics Sportsbook Massachusetts Promo Code: Bet And Get Up To $1K In Bonuses For June 10th, 2024 - Bookies.com

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