by Jon Guze
Senior Fellow, Legal Studies, John Locke Foundation
As most readers are probably aware, an attorney has threatened legal action against some of the journalists and online commenters who vilified a group of Covington High School students after a misleadingly edited video was planted on Twitter by an unidentified troll. In a recent blogpost, Eugene Volokh discusses the legal hurdles the boys and their legal team would have to surmount in order to win a libel action against the boys’ attackers.
Volokh offers a number of “general thoughts” under four headings: “Fact vs. opinion”; “Speaker’s mental state”; “Libel per se?”; and “Knowledge/negligence as of when?” If you’re interested in the legal ramification of this media frenzy, it’s well worth reading.