Personal injury lawyers may be the heroes we deserve, but sadly they are not the ones we need right now.
Case closed? Not so fast. Individual autonomy is a foundational element of American personal injury jurisprudence. Therefore, to be held liable for the misfortune of another person, one must first have a “duty of care.” All of us have them, and they typically boil down to being reasonably conscientious of others’ health, safety, and personal autonomy.
It’s also true that certain professions owe extra care to their clients and the public by virtue of their positions of societal trust. Their speech can be regulated as long as a government interest is substantial. But courts have consistently rejected any sort of fiduciary obligation on the part of the news media. Simply put, there is no such thing as journalistic malpractice. Journalists and other on-air personalities are no more responsible for your health and wellness than any other member of your community — no matter how authoritative or persuasive they can be.
Second, any law that curtails or punishes speech must contend with the First Amendment. America has a proud tradition of protecting “bad” speech . Contrary to many an amateur legal commentator’s belief, youUnder the First Amendment, courts apply strict scrutiny to political speech. Take