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.
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If I, as a private person acting alone and not in concert with the govt., break into your house to steal your computer the govt. can still use evidence on that computer to try you for (insert hypothetical crime here). If the govt could deprive you of liberty based on information obtained in a clear (private party) violation of your 4th amendment rights how it is it impermissible for the govt to deprive you of money for a private violation of your 1st amendment rights?
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