|Posted by cadeflaw on August 1, 2011 at 6:04 PM|
Excerpt from article
The Need For A Judicial Venue to Establish and Declare Truth and Falsity
Study after study has shown that the primary reason people file defamation actions is to establish the truth -- not to gain damages. Certainly, those who loved and respected LBJ primarily want to clear his name. They should have an avenue for establishing the truth.
With this truth-seeking function in mind, American law ought to provide those who are defamed (whether living or dead) with an avenue to obtain a simple, clear, declarative court ruling that a statement is false (or true). This would make for both a better marketplace of ideas, and a more accurate portrait of American history.
Meanwhile, we must all await the findings of the History Channel's panel of historians, which will likely clear LBJ's name. The History Channel is to be commended for not forcing this issue into litigation.
But litigation should still be an option -- especially if the panel does not come through. And for that litigation, new rules are needed -- rules that recognize the reality that deceased persons, like living persons, retain a reputation that can be damaged, and should be able to be judicially repaired.