First Amendment - Free Speech
One of the pinnacle guarantees of the first amendment is the freedom of speech and expression. One of the main legal stages where this guarantee is tested is during defamation lawsuits.
Defamation is any intentional false communication, that is either written or spoken, that harms a person's reputation or causes financial injury. There are two categories of defamation: slander and libel.
- Slander: is when the false statement is spoken
- Libel: is when the false statement is written
In California, the protections given to speech are some of the most stringent in the country through what is known as SLAPP legislation. These are the laws governing against strategic lawsuits against public participation. Therefore, to make out a strong case of defamation there is an extremely fact-specific and rigorous process. We will collaborate with you every step of the way.
So, whether you are threatened with a defamation suit or are of the belief that you are being defamed, we can help you work through the intricate maze of case law and legislation to achieve the best results that protect your rights.
Other areas that we deal with that are linked to freedom of speech include:
- Advertising and commercial speech regulations
- Prior restraints (the attempt to halt speech before it occurs)
- Fair use (of allegedly copyrighted materials)
- SLAPP & anti-SLAPP litigation