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Criminal Law

: Underdog

What is with these "I'll sue you" letters?

By Marks & Katz, LLC

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 Bill of Rights. (From the public domain.)  When a client comes to me with a lawyer's letter threatening a lawsuit unless my client makes amends for allegedly libelous words about the lawyer's client, I might remind the lawyer about the First Amendment's limitations on such lawsuits, as well as a lawsuit's re-airing of the allegedly libelous communications that the plaintiff claimed s/he did not want aired in the first place.   I strongly believe that libel suits violate and are incompatible with the First Amendment. Protecting the First Amendment always comes at a price, including the real harm caused to those who are victims of intentional lies about them. The public loses out when the First Amendment has no more teeth than toilet paper. Earlier this year, I further detailed my opposition to libel suits...continue to full post

Full post as published by Underdog on July 15, 2009 (boomark / email).

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