Courts dismissed media-influence lawsuits for fear of chilling free expression

Evidence

The rape lawsuit was dismissed at all appellate levels, not only on free-speech protection but also on the grounds that subjecting networks to negligence liability would have a self-censoring, chilling effect that would stifle expression of varied views. The appellate judges further argued that TV stations would be legally liable if children imitated events portrayed in newscasts and documentaries. Hence, negligence liability “could reduce the U.S. population to viewing only what is fit for children” (Zane, 1981). — Albert Bandura, Moral Disengagement, 797

Categorization

  • XREF: Ties to the reader’s interest in how legal institutions handle reputational and influence-based harms, similar to the extralegal contracting work. — connects to: Courts dismiss anti-Muslim harassment as stray remarks excused as ignorance or protected political speech — Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 427