Comments on: Through the looking glass http://www.indexoncensorship.org/2009/06/through-the-looking-glass/ for free expression Thu, 09 Feb 2012 01:09:43 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: John David Galt http://www.indexoncensorship.org/2009/06/through-the-looking-glass/comment-page-1/#comment-1386 John David Galt Wed, 17 Jun 2009 03:24:45 +0000 http://www.indexoncensorship.org/?p=3779#comment-1386 I admire the English legal system in most ways -- America badly needs the "loser pays" rule -- but in libel law I believe even American courts favor plaintiffs too much. Plaintiffs ought to have the burden of proving that the statement at issue was false, and not just by mere preponderance of the evidence but to a high standard, maybe even beyond reasonable doubt. By the way -- do you know if any defendant more recent than "McSpotlight.org" has been successful using the precedent that case set in Brussels? I admire the English legal system in most ways — America badly needs the “loser pays” rule — but in libel law I believe even American courts favor plaintiffs too much. Plaintiffs ought to have the burden of proving that the statement at issue was false, and not just by mere preponderance of the evidence but to a high standard, maybe even beyond reasonable doubt.

By the way — do you know if any defendant more recent than “McSpotlight.org” has been successful using the precedent that case set in Brussels?

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