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by lidHanteyk
2222 days ago
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Yes. Worse, as I understand it, public figures may have lawful claims for defamation even if all statements are already known true to the court! This is a mind-boggling situation, and helps contextualize why the United Nations Human Rights Committee recommends that libel and slander be decriminalized. It makes the USA's defamation laws, SLAPP-happy as they are, look positively humane by comparison. |
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Can you expand on what that means?
In my understanding, courts don't presumptively "already know" anything at all, except law and precedent. The whole point of a suit is that two parties are contesting knowledge, interpretation, or law. Even if a court's judge(s) suppose(s) something to be true, isn't the whole point that the defendent claims it to be false and is therefore entitled to a hearing?