Tag: First Amendment
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Can I sue for defamation (libel / slander)? Truth as a defense.
Many times, politics boils over into allegations by supporters of one side against supporters of the opposing side that become heated. Sometimes, one side will threaten to file a suit for defamation, which encompasses libel if the defamatory statement is in writing, and slander if the defamation by oral or spoken communication. OUSD politics is…
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Can OUSD political campaigns use pictures of the schools?
Yes, the First Amendment allows the use of school photos to further core political speech, including candidates for public office and recalls of those candidates. Any copyright claim would seemingly be overcome by the defense of fair use. Any trademark claim would not be supported by any confusion as to whether the district was authorizing…