Reporters Lyrissa Lidsky and Robert Post discuss the legal framework governing defamation, including how courts evaluate allegedly defamatory statements and the standards used to determine liability.
In the half century since the Second Restatement, the rapid development of digital communications has rendered the libel–slander distinction untenable, both theoretically and practically. It now serves no purpose except to make defamation more technical, confused, and expensive.
Lyrissa Lidsky and Robert Post, who serve as Reporters on Restatement of the Law Third, Torts: Defamation and Privacy, provide an overview of the project.