Document Type

Article

Publication Date

2014

Abstract

A gaping question in free speech law surrounds the application of the First Amendment defense in business torts. The pervasiveness of communication technologies, the flourishing of privacy law, and the mere passage of time have precipitated an escalation in tort cases in which communication, and what the defendant may allege is free speech, lies at the heart of the matter.

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Originally published in the ABA's Media, Privacy and Defamation Law Committee Newsletter (Winter 2014).

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