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Defamation and Free Speech: A Legal Intersection


  • In the landmark case of Immuno A.G. v. Moor-Jankowski (1991), I represented the editor of a scientific journal, arguing his case before the New York Court of Appeals. The lawsuit was initiated by a multinational corporation that accused the editor of libel and embarked on protracted and aggressive litigation for years. At the heart of the matter was a letter to the editor expressing animal conservationist opinions, which the plaintiff corporation vehemently denounced as false. However, the New York appellate courts recognized the constitutional protection of opinions grounded in true facts, setting a significant legal precedent.

  • In Mesnard v. Campagnolo (2021), I represented a reform-minded former state legislator who brought a defamation action against the Speaker of the Arizona House. This case was centered around a press release issued by the Speaker, unfairly disparaging the former legislator. The legal battle reached the Arizona Supreme Court, emphasizing the importance of defending one's reputation against unjust attacks.

    Navigating the delicate balance between freedom of speech and defamation claims requires a deep understanding of constitutional law and a commitment to protecting individual rights. Our legal expertise in this area allows us to provide effective representation when these rights collide.

The First Amendment to the U.S. Constitution, often attributed to James Madison, boldly proclaims, "Congress shall make no law . . . abridging the freedom of speech, or of the press. . . ." Similarly, Article I, Section 8 of the New York State Constitution, incorporating the language attributed to Alexander Hamilton, states, "Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. . . ."

However, the importance of defamation law cannot be understated. It serves as a crucial safeguard for individuals' reputations and livelihoods, offering protection against false defamatory factual statements. The intricate interplay between free speech rights and defamation law often leads to complex legal challenges.

Free Speech and Defamation Law

Explore the complexities of free speech and defamation law and discover how we can support your legal needs. Contact us today to schedule a consultation and discuss your specific case.

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