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Interesting that you conclude that if the plaintiffs prevail, the outcomes would damage 1A protection. Perhaps current 1A needs updating and would immensely benefit from new case law that is current to the present state of journalism.

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Thanks for the comment. But what specifically do you have in mind? I confess I don't see any changes in journalism since the current law was fleshed out in the Seventies that suggest a compelling case for changing it.

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Thanks, Dick, for this interesting argument. A libel lawyer I worked with once offered this bright-line rule: "People who file libel suits are slimeballs." I wasn't sure how serious he was and if I recall correctly he eventually modified it to "are generally slimeballs." Dominion and Smartmatic may justify that hedge. I hope libel law doesn't become less press-friendly as a result of their suits but--call it schadenfreude if you want to--I wouldn't mind seeing the defendants in these cases lose.

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Urban, Hope that lawyer wasn't me. If it was, I wasn't serious, although I have seen more than a few slimeball plaintiffs. That is surely not the case here.

As I hope I suggested, a loss for the defendants here wouldn't be a bad thing UNLESS it resulted in future setbacks for others who deserve it less. I worry that that needle would be a very hard one to thread.

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You're innocent, Dick. It was someone else. You've written a thought-provoking piece here, as I hope I suggested. Thanks, and I look forward to reading more of your insights.

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