Private Law Theory

Abstract
Defamation law exists primarily to protect the plaintiff’s reputation. It does so by providing a remedy for reputational harm caused by the defendant’s publication of false and defamatory imputations about the plaintiff. However, although the law of defamation seeks to remedy and prevent reputational harm caused by the publication of false statements, across the common law world it has been acknowledged that, in practice, its operation also deters the publication of true speech. This phenomenon is known as the ‘chilling effect’. Public figures are able to take advantage of this chilling effect by threatening or instigating lawsuits against those who are critical of their activities. These ‘weaponized’ defamation lawsuits leverage the large cost of defending a defamation action, and the defendant’s uncertainty regarding the outcome, to stifle criticism of the public figure that may be legitimate …

Acheson, David and Wohlschlegel, Ansgar, The Economics of Weaponized Defamation Lawsuits (February 1, 2018). (2018) 47(2) Southwestern Law Review 335-383.

First posted 2018-07-05 05:17:24