Free Speech Unmuted: "Defamacast" and More: How American Defamation Law Works
Reason's framing centers libertarian free-speech principles and treats defamation law as a structural/educational topic rather than as partisan controversy. The article uses 'laying out' language suggesting neutral exposition, though the choice to frame Kash Patel's lawsuits as a 'launching point' for legal analysis—rather than emphasizing their political nature—leans slightly toward depoliticization. The deliberate avoidance of well-trodden ground (NY Times v. Sullivan) reflects editorial judgment to provide novel analysis rather than advocacy.
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- This article does not address the political or strategic context surrounding Kash Patel's specific defamation claims
- This article does not examine how defamation law has been weaponized or shifted in recent political disputes
Framing may shift if Patel's lawsuits yield precedent-setting rulings that reshape defamation doctrine or if political control of the Justice Department changes the enforcement landscape.
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Jane and I lay out the structure of American defamation law, using the recent lawsuits brought by FBI Director Kash Patel as a launching point. Special bonus: Almost no discussion of New York Times v. Sullivan (an important case but one that listeners have doubtless heard much about elsewhere).
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