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Referencing the First Amendment - Freedom of Speech and of the Press, recognize when speech is protected and when it is unprotected and recognize issues

Referencing the First Amendment - Freedom of Speech and of the Press, recognize when speech is protected and when it is unprotected and recognize issues of vagueness and overbreadth relating to speech restrictions. Case precedents:

  1. New York Times v. United States, 403 U.S. 713 (1971)
  2. New York Times v. Sullivan, 376 U.S. 254 (1964)

Based on this, please provide your comments about the scenario below:

The president of the United States, infuriated with a series of negative articles about him (several of which quote numerous anonymous sources), vows to "take a strong look" at the current defamation laws, suggesting that assertions in the articles are false and that it should be easier for him to prevail in defamation suits against the publishers of those articles. The president has hired you as a consultant on the matter and asked you to apprise him of the following:

  • The current state of defamation laws with respect to his issues of concern;
  • What, if anything, can be done with those laws to give him a greater chance to prevail in defamation actions with respect to any such articles published in the future;
  • Whether any such laws should be implemented at the state level, the federal level, or both levels.

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