this post was submitted on 18 Oct 2026
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A significant chance of having to defend one's self in court is enough to keep most people from doing a thing. That's a major inconvenience, expense, and risk of serious consequences. It surely has a chilling effect on speech, or a civilizing effect on public discourse, depending on your perspective.
In the USA, I can write online that Trump advisor Stephen Miller is a Nazi, an asshole, and a xenophobe, and that I want him to kill himself, with no legal risk whatsoever. Nazi is the only one of those that even comes close to having an objective test for truth, which is actually what makes the statement protected under US law. If I called him a rapist or an embezzler, he might be able to sue for defamation.