Tuesday, September 29, 2015
Alienation of Affection and Free Speech
I am working on a memorandum for a case I am defending. It is rare I am the defense attorney. The issue is whether free speech concerns bar a claim for alienation of affection. The argument is going to be that the courts cannot be used even in a civil context to deter free speech of a private consensual nature. The only way, in my opinion, to create civil liability in this context is if there is a claim for defamation and/or slander. I will publish the motion on here once it is on public record with the court.