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Full-Text Articles in Law
The Problem Of Group Defamation, Tom C. Clark
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 The U. S. A., James Jay Brown, Carl L. Stern
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 .
Group Defamation In France, Jean Peytel
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.
Syposium Conclusion, Pieter J. Hoets
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.
Group Defamation In England, David R. Fryer
Group Defamation In England, David R. Fryer
Cleveland State Law Review
This article will attempt to sketch briefly the extent of the remedies in tort and the restraints in criminal law which can be invoked in English law when defamatory matter is written or spoken of a group of persons associated either voluntarily or involuntarily on the basis of race, religion, vocation, political views or in any other way.
Group Defamation In West Germany, Manfred Zuleeg
Group Defamation In West Germany, Manfred Zuleeg
Cleveland State Law Review
In each human society, there are social prejudices against certain groups which suffer a more or less discriminating treatment by the other parts of the population. Sometimes the discrimination becomes aggressive. Group defamation and actions of persecution are the consequences. German scholars agree with American sociologists that social prejudices and discriminations are not connected as cause and effect, but as interdependent factors. The origins of a social prejudice are traced by sociologists to an aggressive attitude because of personal or group conflicts or shortcomings. It is difficult, however, for sociologists to explain why the prejudice is directed against just this …
Group Defamation In The Netherlands, W. H. Bijleveld
Group Defamation In The Netherlands, W. H. Bijleveld
Cleveland State Law Review
In this paper we shall discuss the ways in which Dutch law protects against group defamation.