Re:Stupid Legal Threats: You Can't Write About Me Because of...
by anigbrowl on Wednesday April 24, 2013 @06:34PM
(#5604426)
Sorry about the slow reply - I didn't expect this sub-thread to be so lively. I get the legal arguments for your position, but have a third perspective, being from Western Europe. I think the best thing I could do is work this pet issue of mine up into an essay and make it into its own thread later.
So simply put, the trade-off here in the United States is that speech is counteracted by more speech. Rather little is done in secret here. Again, I have lived where the trade-offs are different, and I think that this is a generally desirable trade-off, and that United States defamation law strikes a good balance, with the defence of truth being very dispositive in defamation cases.
AFTER EDIT: Contrary to what is suggested by HN participant lutusp in another subthread here, there is no "false light" problem in the case the complaining doctor is complaining about. I am a lawyer, and I wouldn't dream of relying on Wikipedia for legal advice or even lay summaries of the law on most subjects.