Speaker - November 2018

Our speaking profession is a high calling. We are stewards of the spo- ken word, flush with responsibility. As speakers, we enjoy privilege of the platform. As Americans, we’re entitled to First Amendment freedom of speech. But privilege can be taken away, and the First Amendment is not absolute. We must be wise, for we can wield words for good or harm. And words can hurt far worse than sticks and stones.

Oh, we’re unlikely to violate many First Amendment exceptions: fraud, threats, words inciting riots or other unlawful behavior, instructing how to build bombs, obscenity. Nor are we apt to intentionally defame, plagiarize, infringe, or spew hatred. But every now and again, we might unwittingly and clumsily amble through minefields.

DANGERS OF DEFAMATION

Defamation, for example. Truth absolves us.

Yet brutal truth is often better left unsaid. What’s more, “opinion” can still render liability. Courts consistently rule that while pure opinion is protected, opinion based on false disclosed facts is not. “John Jones is a lousy mayor” is fine, but “John Jones is a lousy mayor because he puts relatives on the city payroll who don’t do any work” is problematic if the underlying factual basis (putting no-shows on public payroll) turns out to be false.

Moral: We should say nothing that would tend to impeach the honesty and integrity of a living person unless we are certain our facts are correct. Even then, consider whether such is productive.

RUSS RIDDLE, JD,

has practiced intellectual property law for 27 years. He is vice-chair of the Speaker

Editorial Committee, a member of the NSA Board of Directors, immediate past chair of the Chapter Leadership Committee, and a past president of the North Texas chapter.