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That's a tricky one. At common law, truth was a defense to a charge of libel (written) or slander (spoken). States have rewritten the law, so something called "disparagement" may not be subject to a defense of truth. As corporations dominate our legislatures and congress, disparagement frequently turns not on truth but on whether you intended to hurt the person or business. (And succeeded, since harm is usually still a requirement).

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17y ago

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