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The First Amendment Under Fire

Harvard Experts Examine the Recent Flurry of Libel Cases

Crimson: Mr. Simons?

Simons: I'm going to stay neutral. I think that judges have their own arrogance. I think that law professors have their own arrogance. And I think that what you see more often than not is a clash of two groups who have their own views of themselves which may be at odds from time to time...

Crimson: Let me turn towards the Westmoreland and Sharon cases which have been alluded to in the discussion thus far. What do you see as the importance or the implications of the decisions, one way or the other?

Nesson: Of course it depends on how the decision comes down. I personally will be truly dissapointed if the media organizations lose either one of those cases. I think either one of them has the potential for real mischief if the case is lost And when I say lose, I mean lose big I'm not talking about a one-dollar award to either one of those plaintiffs I'm talking about an award that's measured in the millions of dollars. That would turn on a green light for more litigants and more lawyers to jump into a public forum against major media defendants that would be truly mischievous.

Simons: I can't add more.

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Lewis: Nor can I.

Simons: He's our lawyer.(laughter

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