Monday, December 31, 2007

What Version of Free Speech Do You Prefer?


I read an editorial column recently about what it called the "phenomenon" of "libel tourism" - where plaintiffs bring their defamation of character cases in the courts of England rather than in the United States, because the UK is so plaintiff-friendly in defamation cases. Defamation claims in the US are somewhat difficult to win because the 1st Amendment reflects a core value of speech and open dialogue that is willing to permit some rather horrendous falsehoods rather than to compensate every wrong. In the UK, reputation and privacy are valued above speech and openess to an extent that permits compensation where the US would not.

The question of which is more valuable (free speech or privacy) contains a bit of irony in America since there appears to be a "right of privacy" guaranteed by our Constitution, but is a less-valued Constitutional (but "fundamental") right than the right to freedom of speech. So, our right to privacy includes a lot of things (raising families, contraception, and sex partners), but does not include what would seem to be the most basic part of privacy - the right to be left alone.

Of course, one's perception on which is more valuable (free speech or privacy) would depend greatly on what side of the blog you are on. Authors/speakers want speech. Subjects of speech want privacy. But, whatever side you are on, I wonder whether the British feel less informed on important matters than we do in America. I'll bet they don't.

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