Marc Randazza on Steubenville Rape, Defamation, and the Limits to Free Speech

"The law needs to look at journalism as a thing you do, not journalists as a thing you are," says First Amendment attorney Marc Randazza.

Randazza, who runs the law blog The Legal Satyricon, was a consulting attorney on the headline-grabbing Steubenville, Ohio rape case, in which a local blogger posted and commented upon photographs that seemingly implicated several of the town's high school football players in a gang rape. When the blogger subsequently was sued for defamation by one of the players, Randazza helped with her defense.

Reason TV's Zach Weissmueller sat down with Randazza to discuss the case, as well as broader questions of defamation, the limits of free speech, and the changing legal definitions of "press" and "journalism."

Approximately 8 minutes.

Camera by Sharif Matar and Paul Detrick. Edited by Zach Weissmueller. Music by M-PeX (http://soundcloud.com/mpex).

Visit http://reason.com/reasontv for downloadable versions, and subscribe to Reason TV's YouTube Channel to receive immediate updates when new material goes live.

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[anti0918]

"You are definitely more free in California..." I've never seen anyone say that seriously with a straight face.

[HamHamDude]

"If your beliefs are so fragile that they can't stand an opposition -- to something that you find abhorring, then maybe you need to look at your own beliefs and modify them."

Quote of the day.

[kurtjk01]

Oh, most assuredly, sociopaths and other dysfunctional people have been used by tyrants time and again; but I think you are coming down too far on the "nature" part of the equation, since Milgram's experiments demonstrated that one can be "nurtured" into doing horrendous acts (particularly by those seen as being "authority" figures). Consider real-life examples involving various cults and charismatic leaders who have turned ordinary, moral people into monsters. But point taken.

[grraadd]

I know well these experiments, but really in Aushwitz most wardens were deviants. Even SS officer well indoctrinated through the whole of his life would flinch before killing a child - we've got morality encoded in our DNA. Deviants don't, so they are valuable functionaries for all totalitarian governments.

[kurtjk01]

Study the Milgram experiments on authority. You'll be surprised.

[LiberalH8er1]

if only false rape and when females are the perpetrators were covered as much as this case and are were charged and harshly punished the way men are

[thelocalslant]

i like this lawyer guy

[Travis Spalding]

There is no such thing as public property (which you are assuming the naked person would be on, if it were private property it would depend on if the owner of the land would want them to be naked) unless you have a socialist sector of society in which things take place, such as government buildings or roads or schools. So naked people aren't a problem in a libertarian society. :) Also, all the other services you listed are being done right now or have been done privately in the past.

[SonictheQuilava]

Yes, I am. But I do think there are some things that the government does that it should keep doing. Like transportation (Until we find a private alternative that could work), fire fighting, emergency medical services, 911, making sure people wear clothes in public (I can't understand why some libertarians are against that). I am for legalizing drugs and all kinds of consensual sex, and privatizing schools, post office, and cutting way back on regulations and stopping regulations on most things.

[morphthecat]

Please reference "Anti -Slap" statute.

I believe that's what he was referring to when mentioning "more free".

[UTubekookdetector]

This case is the classic case of a bully (the guy who took photos of a drunk girl being taken advantage of) getting bullied. Kudos to that blogger!

[Travis Spalding]

Are you a libertarian?