Question

In assessing the tort of defamation, the courts must seek a balance between the right to protect one's reputation with the rights afforded under:a. The False Claims Actb. RICOc. The First Amendment of the U.S. Constitutiond. The Second Amendment of the U.S. Constitutione. State statute

Answer 1

Answer:

The correct answer is C. In assessing the tort of defamation, the courts must seek a balance between the right to protect one's reputation with the rights afforded under the First Amendment of the U.S. Constitution.

Explanation:

The First Amendment to the Constitution of the United States guarantees, among other rights, the right to freedom of expression, that is, the freedom of citizens to express their opinions without censorship or punishment for it.

But this right, like all civil rights, has limits. These limits are precisely the rights of other citizens. Therefore, if a person's freedom of expression constitutes defamation, he would be violating the right of another citizen and, consequently, exceeding his powers.

Therefore, the courts must verify that there is a balance between both rights, or that the freedom of expression does not exceed what is guaranteed by the First Amendment, since otherwise a crime would be committed against the honor of the other person.