Law Commons^™

Master's Defamation Of His Servant, Charles A. Caruso

Cleveland State Law Review

The question now arises, as it does so frequently when one right must be held in balance against another, is one's right to unconditionally utter any statement he so wishes subservient to another's right to a reputation free from the impairments of defamation? The question has lost its youth along with the First Amendment of the United States Constitution; yet the decisions and authority, as to which right is the more fundamental and which should be subrogated to which, are still widely divided.