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The Role of Transnational Judicial Dialogue in Shaping Transnational Speech: International Jurisdictional Conflicts in Hate Speech and Defamation Law

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Chapter Summary

This chapter explores the emerging transnational judicial dialogue on speech through the lens of American media corporations' battle - thus far largely a losing battle - to defend themselves from defamation suits in foreign courts for online content posted on U.S.-based websites. It also explores the role that litigants are playing in shaping the emerging transnational speech dialogue. Some U.S. corporations are beginning to pursue aggressive litigation and public relations strategies in the United States and abroad, and even before international tribunals, in an attempt to extend U.S. First Amendment protections to Internet speech that runs afoul of foreign defamation laws. In short, one can view the growing jurisdictional battles in the Internet defamation arena as a struggle over the creation and evolution of transnational speech norms, a struggle in which domestic courts are playing an important role.

Keywords: defamation law; First Amendment protections; international tribunals; transnational judicial dialogue



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