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Cleveland State University

Journal

1964

Defamation

Articles 1 - 4 of 4

Full-Text Articles in Law

Group Defamation In The U. S. A., James Jay Brown, Carl L. Stern Jan 1964

Group Defamation In The U. S. A., James Jay Brown, Carl L. Stern

Cleveland State Law Review

The difficulties faced by the group defamation victim are obvious on paper and terrifying in reality. In merely defending his reputation, he is confronted by unprovable issues and, as will be pointed out, is bludgeoned in court by a history of "rational-reasonable" civil and criminal precedents. A brief outline of this paradox is set out here, but the question still remains whether the civil-common law or our legislatures have an answer to this unbelievable legal .


Syposium Conclusion, Pieter J. Hoets Jan 1964

Syposium Conclusion, Pieter J. Hoets

Cleveland State Law Review

Tort liability, based on modern medical understanding of the very real injury to an individual member of a defamed group, probably is the readiest and best preventive of abuse of the right of free speech until sound legislation is adopted. But we need both criminal and civil law. In the last analysis all legislation deals with morality-legislates morality. The law serves not only to regulate but also to educate, elevate, and dignify. It must deal with group defamation now. We must have law that will protect us from the sick and evil souls who poison our society with hatreds.


The Problem Of Group Defamation, Tom C. Clark Jan 1964

The Problem Of Group Defamation, Tom C. Clark

Cleveland State Law Review

It is my hope that the work of this symposium will contribute much to an understanding of the problems of group libel. But we cannot expect the judicial process to control such utterances. Heads get too hot and evil is too rampant. The final control must await the elimination of the three I's of this evil: Intolerance, Ignorance and Ignobility. They can be destroyed. They are not the inevitable results of increased social intercourse. They are not inherited- they are acquired. They cannot be legislated or decreed into the hearts and minds of men. It is for us- in the …


Group Defamation In France, Jean Peytel Jan 1964

Group Defamation In France, Jean Peytel

Cleveland State Law Review

It cannot be said that there is any French legislation which specifically protects citizens of any particular ethnic origin or creed. For instance, there is no law that shelters members of a particular religious faith from group defamation. The absence of legislative texts in this connection is explicable by the tradition rooted in the French psyche, born out of the French Revolution, that frowns upon racial discrimination and religious intolerance.