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Thu Aug 4, 2022, 02:05 PM

"I provide protection from civil liability for protected speech."

Last edited Thu Aug 4, 2022, 03:12 PM - Edit history (1)

How come Alex Jones can't say what he said and walk away unscathed?

From a go-to Twitter Con Law account I like to frequent

Disclaimer: IANAL, which ought to be obvious by now.

I provide protection from civil liability for protected speech. I also require that government regulation of speech meet a much higher standard than merely being reasonable.

For example I protected against civil liability for:

- saying offensive things at a funeral https://mtsu.edu/first-amendment/article/1474/snyder-v-phelps

- publishing the name of a rape victim https://mtsu.edu/first-amendment/article/578/florida-star-v-b-j-f

- publishing a parody ad about someone fucking his own mother https://mtsu.edu/first-amendment/article/559/hustler-magazine-v-falwell

and others.

The question is not whether the punishment is civil or criminal. The first question is whether the speech is protected speech or falls into a recognized exception—such as incitement, defamation, true threats.

Libel and slander claims are allowed because defamation is a recognized exception to my protections. Even there, though, I often require heightened standards, like proving actual malice.

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