Rethinking Defamation

This Article argues that defamation should not be included in the new Restatement of Economic Torts, because, although redress of economic harm is one function of the law of libel and slander, the essential objectives of those torts are noneconomic. This Article also argues that defamation law is of sufficient practical importance to justify a new Restatement on the subject, but only if the project contemplates a thorough reconsideration of reputational and free speech values in light of present realities.