Americans agree that democracy requires freedom of speech. But a large minority also thinks it’s acceptable to bar certain subjects or speakers from public debate.
To be clear, slander and libel are both torts, rather than criminal. Depending on how you look at it, you still have the ‘right’ to commit defamation (both slander and libel are defamation)–in that the gov’t can’t hold you criminally responsible for it–but you can be required to make the victim whole, typically through monetary compensation.
Can you help me understand the concept of tort law? Class actions are tort law, right? So a tort is a kind of rule about a law that recognizes that a law shouldn’t be interpreted to allow that, even if it wasn’t specifically illegal to begin with? Or am I more confused than I thought?
I think that the easiest way to look at it is that tort law is between people (or corporations), and making things ‘right’ when a person does something that hurts the other person, but not in a criminal kind of way. Class actions are a form of tort law, yes. This is a pretty solid write-up. Some things can be covered under both; if, for instance, you punched me in the face and broke my jaw, the state could prosecute you for the criminal activity (battery), and I could sue you for the injury I’d suffered. But my suit couldn’t result in a felony conviction for you.
To be clear, slander and libel are both torts, rather than criminal. Depending on how you look at it, you still have the ‘right’ to commit defamation (both slander and libel are defamation)–in that the gov’t can’t hold you criminally responsible for it–but you can be required to make the victim whole, typically through monetary compensation.
But that’s a matter of perspective.
Can you help me understand the concept of tort law? Class actions are tort law, right? So a tort is a kind of rule about a law that recognizes that a law shouldn’t be interpreted to allow that, even if it wasn’t specifically illegal to begin with? Or am I more confused than I thought?
I think that the easiest way to look at it is that tort law is between people (or corporations), and making things ‘right’ when a person does something that hurts the other person, but not in a criminal kind of way. Class actions are a form of tort law, yes. This is a pretty solid write-up. Some things can be covered under both; if, for instance, you punched me in the face and broke my jaw, the state could prosecute you for the criminal activity (battery), and I could sue you for the injury I’d suffered. But my suit couldn’t result in a felony conviction for you.