Real Estate & Property Law

Limitations on the freedom of speech

By Alan Ackerman

Times Union

In October 2008, Royall sued Main and her publisher Encounter Books), seeking monetary damages and a ban on further production and distribution of the book. He also sued the Galveston newspaper that reviewed the book and the reviewer. A judge dismissed, on jurisdictional grounds, Royall's suit against Richard Epstein, professor of law at the University of Chicago and New York University, whose offense was a dust-jacket endorsement of the book as a report on an "unholy alliance" between government and a private interest.

Royall's suit charging Main with defamation is, her lawyers document, riddled with mischaracterizations of what Main writes and about whom she writes it, and ignores long-established criteria of defamation law, which holds that a statement is not actionable as defamatory if the speaker obviously is expressing a subjective view or an interpretation, theory, conjecture or surmise.

Indeed, so slapdash are Royall's accusations against Main that his suit seems to reflect nothing more substantial than his dislike of her opinions and those of people she accurately quotes. It seems intended to chill commentary on eminent domain abuse by exposing commentators to the steep costs of deflecting even frivolous litigation……….

The court should be cognizant of the attacks on property rights that its Kelo decision incited. And on Sept. 9 it should remember the increasing resort to restrictions of speech. McCain-Feingold is both a symptom and an encouragement of such restrictions.

George Will got it right, at least in part.  I am not convinced that it is the lobbying limitations legislated that is the crux of the problem.  However, a limitation on the freedom of speech on the Kelo topic in local media would assure us all the prospect of the demise of our personal Fundamental Freedoms and rights of secured property ownership.

Full post as published by National Eminent Domain Blog on August 28, 2009 (boomark / email).