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Interesting article about the kinds of chilling effects that can be caused by the kind of defamation lawsuit Lessig is filing techdirt.com/articles/20200113

(I agree that the NYT headline is misleading and even arguably clickbait, but I am also worried about the unintended consequences of these kinds of lawsuits, which I think could be enormous.)

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@cwebber That is an interesting read. The chilling effect issue is concerning. Would a better approach have been to work on exposing bad journalism at the NY Times?

@emacsomancer I don't know... I'm empathetic to why someone would be sufficiently upset by that title. I think the best response is probably counter-speech, and Lessig is probably famous enough that he could have gotten an op-ed written in another newspaper.

@cwebber That's along the lines I was thinking: something like an op-ed in another newspaper would have been another way of 'damaging' the NY Times.
@cwebber @emacsomancer Right. And honestly this is more likely to set a bad precedent for other (more delicate) situations with much smaller media, than to have any meaningful impact on the NY times.

My colleagues have been working for a while on the issue of SLAPP, and i became more aware of how much of a problem for journalists this is here in Europe (here's a dossier on SLAPP they published just a few days ago: https://www.balcanicaucaso.org/eng/ECPMF/ECPMF-news/SLAPPs-Strategic-Lawsuits-Against-Public-Participation-198695 )

@cwebber I'm kind of shocked just by the hubris. a journalist not getting or not taking away the key point you wanted is an almost universally experienced frustration by people who talk to journalists. when do you reach the point where a newspaper not changing the headline for you prompts you to both sue them and promote a whole new class of lawsuits?

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