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ARTICLE · 25 AUGUST 2017

Defamation Claim Over "Slavery Wasn't So Bad" Comment Revived By Fifth Circuit

What if people thought you said that "slavery wasn't so bad?"

United StatesLitigation, Mediation & Arbitration

What if people thought you said that "slavery wasn't so bad?"  Would it harm your reputation?  Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit's August 15, 2017 opinion in Block v. Tanenhaus, context is everything. The plaintiff, Walter Block, admits that he uttered the words: "slavery wasn't so bad" while discussing the concept of "free association," but argues that the New York Times took these words so badly out of context as to libel him. The Fifth Circuit ultimately agreed that Block had stated a viable claim for defamation.

"Rand Paul's Mixed Inheritance"

On January 25, 2014, New York Times reporters Sam Tanenhaus and Jim Rutenberg published an article entitled "Rand Paul's Mixed Inheritance," which discussed the ideological roots of Kentucky Senator Rand Paul. In preparing the article, the reporters drew on an interview with Block, a libertarian economics professor who, according to the defendants,

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