nondefamatory

Also, pick a nondefamatory sample because in some jurisdictions, at least, the fact that a brief was filed with the court does not insulate you from defamation liability for out-of-court republication of its content.

The Volokh Conspiracy » Ethics of Writing Samples: 2007

So my tentative view is that the dissent is correct, and that the law should have been upheld, even as applied to nondefamatory speech.

The Volokh Conspiracy » Restricting Recklessly/Knowingly False Statements About Political Candidates: 2007

The government, a majority of the court held, generally lacks the power to restrict even knowingly or recklessly false statements, except in defamation lawsuits brought by the defamed person: The plurality took the view that “only defamatory statements ... are not constitutionally protected speech”; the concurrence seemed to agree, reasoning that the statute “is unconstitutionally overbroad” because it “prohibits nondefamatory speech in addition to defamatory speech.”

The Volokh Conspiracy » Restricting Recklessly/Knowingly False Statements About Political Candidates: 2007

When Justice Elena Kagan was a law professor, she noted "the near absolute protection given to false but nondefamatory statements of fact outside the commercial realm."

The Washington Post: National, World & D.C. Area News and Headlines - The Washington Post George F. Will 2011

The First Amendment allows recovery for defamatory statements that are interspersed with nondefamatory statements on matters of public concern, and there is no good reason why the respondents' attack on Matthew Snyder and his family should be treated fairly.

TIME.com: Top Stories 2011

The First Amendment allows recovery for defamatory statements that are interspersed with nondefamatory statements on matters of public concern, and there is no good reason why respondents' attack on Matthew Snyder and his family should be treated fairly.

TIME.com: Top Stories 2011

The First Amendment allows recovery for defamatory statements that are interspersed with nondefamatory statements on matters of public concern, and there is no good reason why respondents' attack on Matthew Snyder and his family should be treated differently.

NPR Topics: News 2011

Forest City Publishing, Inc. 1974)) suggests that knowingly or recklessly false statements — including nondefamatory ones — about particular people are indeed punishable.

The Volokh Conspiracy » Restricting Recklessly/Knowingly False Statements About Political Candidates: 2007