Automated journalism creates a unique risk to news publishers with respect to the possible production of defamatory or libelous statements. Courts in the past have created standards dependent on an ...author-defendant's malice or their understanding that a defamatory statement is false or hurtful. However, traditional methods cannot show that an algorithm possessed malice or that a machine produced a statement knowing it was false or hurtful. And yet, AI-generated defamation is still harmful to the individuals about whom it is written and to the general public consuming the false information. Some argue that statements produced by an algorithm are owed the same protections afforded to the statements made by living individuals. Others believe that as non-human actors, algorithms do not warrant the same level of protection as human speakers. Here, Albright examines the nature and development of algorithmic speech and analyzes how the negligence standard could be applied to cases involving AI. He also explores how algorithms create statements through mechanical patterns with various degrees of human input, and how this process can sometimes lead to unpredictable results. Furthermore, he discusses the elements of libel law, demonstrating the unique protection given to defendants who make statements about public officials and public figures on account of a constitutional concern for freedom of speech.
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Honor in nineteenth-century Germany is usually thought of as an anachronistic aristocratic tradition confined to the duelling elites. In this innovative study Ann Goldberg shows instead how it ...pervaded all aspects of German life and how, during an era of rapid modernization, it was adapted and incorporated into the modern state, industrial capitalism, and mass politics. In business, state administration, politics, labor relations, gender and racial matters, Germans contested questions of honor in an explosion of defamation litigation. Dr Goldberg surveys court cases, newspaper reportage, and parliamentary debates, exploring the conflicts of daily life and the intense politicization of libel jurisprudence in an era when an authoritarian state faced off against groups and individuals from 'below' claiming new citizenship rights around a democratized notion of honor and law. Her fascinating account provides a nuanced and important understanding of the political, legal and social history of imperial Germany.
Slurs, Synonymy, and Taboo Sandy Berkovski, Y.
Australasian journal of philosophy,
04/2023, Volume:
101, Issue:
2
Journal Article
Peer reviewed
Open access
The 'prohibitionist' idea that slurs have the same linguistic properties as their neutral counterparts hasn't received much support in the literature. Here I offer a modified version of ...prohibitionism, according to which the taboo on using slurs is part of their conventional meaning. I conclude with explanations of the behaviour of slurs in embedded constructions.
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Is it libelous to write that someone has been convicted of a crime, but to fail to mention that the conviction has been reversed? Or to write that someone has been charged, without mentioning the ...acquittal? The answers, it turns out, are often "yes"; this Article lays out the precedents that so conclude.
Say something I wrote about you online (in a newspaper, a blog, or a social media page) turns out to be false and defamatory. Assume I wasn 't culpable when I first posted it, but now I'm on notice ...of the error.
This article proposes a new interpretation of several works by the poet and playwright George Chapman, in light of Chapman's evident familiarity with the figure, and the writings, of the jurist ...Edward Coke. The article first examines Chapman's Chabot as a topical dramatization of Coke's removal from office and disgrace in 1616-17, then proceeding to a consideration of the complex influence of Coke's jurisprudence - especially his writings and rulings on mitior sensus - on Chapman's career as poet and translator, on his views of the law and of the ancient constitution, and on his efforts at self-defence against multiple accusations of libel and slander.
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Singh expects the draft bill to include two measures that will redress the balance of a libel law that famously places undue burden on the defendant: he hopes it will prevent companies from having ...the same rights to reputation as individuals, and introduce a robust public-interest defence - something that the United States already has.
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39.
ANTI-LIBEL INJUNCTIONS Volokh, Eugene
University of Pennsylvania law review,
01/2020, Volume:
168, Issue:
1
Journal Article
Peer reviewed
An injunction against libel, backed by the threat of prosecution for criminal contempt, is like a miniature criminal libel law--just for this defendant, and just for statements about this plaintiff. ...That is its virtue. That is its danger. And that is the key to identifying how the First Amendment and equitable principles should constrain such injunctions. From the 1960s to the 1990s, libel was conventionally understood to be controlled (to the extent that it can be controlled) by the threat of civil damages. Criminal libel was seen as an anachronism. Injunctions against libel were seen as unavailable. Many still assume this is so. Here, Volokh discusses a scenario that such criminal punishment can be threatened.
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