AdLLaw Initiative
Can The Deceased Be Defamed?
HIDING UNDER THE CLOAK OF FREE SPEECH
TO FLING (MUD) LIBEL AND SLANDER
First, let me say that I am not an attorney (at least, not yet). I do not pretend to be one. Thus, I offer no legal
advice.
However, I resist being led by the
The issue in the post-mortem case
of Michael Jackson (and other
similar instances) is whether or
not a decedent has any vestigial
rights to be protected against defamation or slander.
nose. I continually make concerted
By proxy (through decedents’ estates), the dead have obligation to
pay tax to the U. S. government. By proxy, the dead can sue
or be sued. Foreseeably, the estate
of the dead may suffer grave damages (no pun intended) from unchecked
efforts to educate myself on matters of
tion to the contrary, certain citizens are defamatory acts of others against the
private and public concern.
still guilty (or liable) in their own eyes. If dead. The dead are not invariably
that is not recklessness to the nth pow-
without survivors, heirs, descendants,
Second, I support the letter and spirit of er, I wonder what is.
assignees and others whose consti-
free-speech as in the First Amendment.
tutionally protected rights may be
And, I have had cause to strongly argue
One citizen’s right stops where the right breached by how the dead are treat-
against attempts to stifle free speech by
of another begins. The same judicature ed, mistreated, maltreated or ignored.
pretentious do-gooders. However, no that protects free speech for Americans
one should be allowed to hide under the
also protects (and jus Y