Whether and when the tort of negligence ought to allow recovery for reputational injury is a difficult issue.253 It implicates technical doctrinal questions about the analytical relationship between the elements of negligence and defamation, predictive questions about the possibility that negligence plaintiffs might make an end run around important values encoded in restrictions on defamation recovery, and philosophical questions about how to weigh the importance of protecting free communication against the importance of enforcing remedial moral liabilities that arise from the careless infringements of rights against reputational injury. It is not obvious how these trade-offs should be struck.
Фото: Murad Sezer / Reuters
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