Are False Accusations Of Racism A Form Of Defamation?

Law360 (July 1, 2020, 4:27 PM EDT) -- The other day as I was taking my work-from-home morning walk, I explored a thought: Should racism be made a per se defamation category?

Clearly, that's not a solution to the enormous problem of societal and institutional racism spurring the current protests in furtherance of the Black Lives Matter movement, in the wake of George Floyd's death. But as a lawyer who concentrates in defamation litigation, it was an idea that intrigued me.

Defamation is a cause of action that seeks recourse for false statements causing reputational injuries. Significantly, of the universe of false, disparaging statements that can be made about...

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