Opening Up Libel Laws Would Test 1st Amendment

By Ehren Fournier and Adam Losey, Foley & Lardner LLP (November 14, 2016, 1:24 PM EST) -- Adam Losey

Ehren Fournier In a February 2016 speech, Republican presidential candidate (and now President-elect) Donald Trump, promised to "open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money." Recently, conservative commentator Carl Higbie defended Trump's comments by suggesting that government needs to make it easier for individuals to sue news outlets for defamation. When asked whether government should subsidize those types of suits, Higbie answered that it was a distinct possibility. However, such government action would very likely run afoul of the First Amendment....

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