文章基本信息

标题：Free Speech and Cheap Talk
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作者：Hemel, Daniel ; Porat, Ariel
期刊名称：Journal of Legal Analysis
印刷版ISSN：2161-7201
电子版ISSN：1946-5319
出版年度：2019
卷号：11
页码：46-103
DOI：10.1093/jla/laz004
出版社：Oxford University Press
摘要：We present a new framework for analyzing defamation liability that serves both to clarify and complicate understandings of the law’s consequences for speakers, victims, and the marketplace of ideas. In addition to the familiar deterrence and chilling effects, we show how defamation liability can generate a “warming effect,” making statements more credible and potentially raising both the quality and quantity of speech. We also explain how a more plaintiff-friendly liability regime may exacerbate harms to defamation victims. We end by considering the possibility of “self-tailored” defamation law, with victims or speakers selecting the defamation liability regime that applies to them.