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Should slander be protected as free speech?

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(By Dr. Mary Ruwart from Ask Dr. Ruwart, Volume 18, No. 14 of the Liberator Online. Subscribe here.)

QUESTION: I have questions about a past column of yours on the topic of blackmail. You wrote: “Many libertarians consider slander of a person’s reputation to be a violation of the non-aggression principle; others don’t.”

I’m confused. It seems to me that slander should be protected as free speech in a libertarian society. There’s no aggression involved. So what’s the problem?

MY SHORT ANSWER: Not all libertarians agree on whether or not a lie constitutes aggression. A lie does not necessarily affect only one’s reputation. For example, a service provider could be put out of business by a well-publicized lie and lose all their assets before they were able to set the record straight. I have actually seen this happen to a publically-traded company, where stockholders lost their investments and the employees lost their jobs.

Does a person have the right to free speech? Of course! Must they take responsibility for the consequences of their speech? That is the real question.

For example, if a person purposely yells “Fire!” in a crowded theatre, and people are killed in the stampede, is he or she guilty of manslaughter if there was no fire? The person yelling “Fire!” has the right to free speech, certainly. Must that person pay restitution to those who are injured or the survivors of those killed?

What if the person thought they smelled smoke and truly believed that there was a fire? They were trying to help people and didn’t lie, but the result was the same. Are they responsible for the dead and injured?

This is where libertarians disagree over this issue. Some libertarians would agree with you that the only consequences that a liar should have to face is damage to his or her reputation, regardless of the consequences of that lie. Others believe that a liar is responsible for the resulting damage.

LEARN MORE: Suggestions for further reading on this topic from Liberator Online editor James W. Harris:

As Mary Ruwart notes, libertarians disagree on these issues. Below are examples of differing views.

* Ayn Rand on libel and slander: In the book Ayn Rand Answers: The Best of Her Q & A, Rand answers the question “What do you think of libel and slander laws?” in this way:

“They are appropriate laws, because the freedom of ideas does not permit you to lie about a person. Under the older interpretation of the courts, truth was your defense. If you know something defamatory about someone, and it’s true, then you have the right to say it. But today, you can practically say anything, so long as you’re supposedly not motivated by malice. There are some standards, but they are unclear and impractical.

“This type of law is strictly to protect specific individuals; it has nothing to do with ideas. It’s an issue of whether or not you lied about someone, and caused him damage.”

* Murray Rothbard on libel and slander: In his book The Ethics of Liberty Rothbard argues that libel and slander, while immoral, should not be illegal:

EXCERPT: “Smith has a property right to the ideas or opinions in his own head; he also has a property right to print anything he wants and disseminate it. He has a property right to say that Jones is a ‘thief’ even if he knows it to be false, and to print and sell that statement.

“The counter-view, and the current basis for holding libel and slander (especially of false statements) to be illegal is that every man has a ‘property right’ in his own reputation, that Smith’s falsehoods damage that reputation, and that therefore Smith’s libels are invasions of Jones’s property right in his reputation and should be illegal.

“Yet, again, on closer analysis this is a fallacious view. For everyone, as we have stated, owns his own body; he has a property right in his own head and person. But since every man owns his own mind, he cannot therefore own the minds of anyone else. And yet Jones’s ‘reputation’ is neither a physical entity nor is it something contained within or on his own person. Jones’s ‘reputation’ is purely a function of the subjective attitudes and beliefs about him contained in the minds of other people. But since these are beliefs in the minds of others, Jones can in no way legitimately own or control them. Jones can have no property right in the beliefs and minds of other people.”

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Ask Dr. Mary Ruwart: Does Australia disprove arguments against the minimum wage?

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Dr. Mary Ruwart is a leading expert in libertarian communication. In this column she offers short answers to real questions about libertarianism. To submit questions to Dr. Ruwart, see end of column.

Does Australia disprove arguments against the minimum wage?

QUESTION: A recent graphic going around Facebook asserts that Australia’s employment situation disproves the notion that a high minimum wage leads to higher unemployment. The graphic says the Australian minimum wage is the equivalent of $16.43 and their unemployment rate is 5.3%. Does this refute arguments about the minimum wage?

MY SHORT ANSWER: The real question is “Without the minimum wage, would employment be higher than it is now?” Almost all of the research suggests that the answer would be a resounding “yes.”

However, another aspect of raising the minimum wage is the destruction of jobs of our most disadvantaged workers (minorities, undereducated, etc.). As minimum wage rises, flipping hamburgers (for example) becomes more attractive to college students, teens saving for college, etc. Minorities without a high school diploma become less necessary to employers; as a result, the disadvantaged often end up with no job at all because they have few other options. Their primary bargaining chip is their willingness to take a little less pay than their advantaged counterparts. Read more

Ask Dr. Mary Ruwart: How effective is government welfare compared to private charity?

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Dr. Mary Ruwart is a leading expert in libertarian communication. In this column she offers short answers to real questions about libertarianism. To submit questions to Dr. Ruwart, see end of column.

QUESTION: Recently in the Liberator Online you answered a question with the following supporting argument:

“For example, about 75% of the tax dollars that are targeted to welfare programs actually go to the middle-class administrators rather than the needy. In contrast, private programs give about 75% of donated dollars to the poor. Thus, the poor get more when charitable giving is private.”

I am interested in where you got your statistics. I want to share this argument with friends, but I like to provide references. Could you do so? Read more

Ask Dr. Mary Ruwart: What’s stopping the the private sector from offering better and cheaper education than the government?

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Dr. Mary Ruwart is a leading expert in libertarian communication. In this column she offers short answers to real questions about libertarianism. To submit questions to Dr. Ruwart, see end of column.

QUESTION: If the private sector can provide education better and cheaper than the government, why aren’t they doing it? Nothing is stopping private industry from providing better service than government schools to poor children. They can do this right now and it is 100% legal. So why don’t they?

MY SHORT ANSWER: Actually, providing education to poor or even middle-class children is NOT 100% legal. Parents who send their children to school are required by law to utilize schools that meet specific requirements, such as certified teachers, accreditation, and specific types of curricula.

Even home-schoolers must abide by regulations, which differ from state to state. If parents don’t follow these regulations, their children can be taken from them by Social Services, even if the children can ace every standardized test.

In spite of these hurdles, the private sector already does provides better education for many poor and disadvantaged. The typical Catholic inner-city school takes 88% of all applicants, many of whom are not even Catholic. About 20% of Catholic schools accept students expelled from public schools. Even after adjusting for race, family background, and social class, the average Catholic high school student gained three years of learning above that of the average public school student. The educational gap between minorities and whites narrows for minorities in Catholic schools. Read more