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Getting Sued for a Harsh Book Review

Crooked Timber writes about someone who is suing over a harsh review of their book…in a journal devoted to law. So you don’t think that it’s some litigious American at work here, it’s almost all Euro. You can read more about it here at Opinio Juris.

2 Responses to “Getting Sued for a Harsh Book Review”

  1. 1
    Yitzhak:

    A line from Weiler’s editorial defending the decision to keep the review:

    “if, as seems to be the case, you are trying to suggest that because there is a favorable book review by one distinguished reviewer, the integrity of another, unfavorable review, is automatically called into question, I must politely express my dissent. The Talmud has long ago taught us that even contradictory conclusions can both be the living word of God. (Ellu veEullu Divrey [Elokim] Chayim).”

    http://www.ejiltalk.org/jhhw-to-stand-trial-in-france-for-criminal-libel-refusal-to-remove-a-bookreview-which-displeased-the-author-of-the-reviewed-book/weiler-editorial-20-4/

    http://www.ejiltalk.org/wp-content/uploads/2010/02/Weiler-Editorial-20-4.pdf

    [p. 971]

    Incidentally, I’m not at all sure about your implication that this sort of thing is *more* likely in litigious America – our First Amendment protections are generally *stronger* than the European freedom of speech guarantees, as Calvo-Goller herself insinuates:

    “I am aware of the extent of freedom of expression under the First Amendment to the Constitution of the United States (freedom which, as you know, is less extensive in EU countries)”

    ibid. p. 967

  2. 2
    Menachem Mendel:

    Yitzhak,

    You are correct about how this probably would be laughed at by an American court. Weiler is very involved with the Tikva Center for Jewish Law and Civilization at NYU, although his specialty is international and european law.

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