Attorney John Branca discusses the rationale for defamation laws extending past the death of an individual.
John Branca: As I understand it (and you're an expert on it, I'm not), part... part of the reason for the first amendment is to get at the truth. The lack of defamation protection for deceased person doesn't get at the truth, it does not serve that purpose.
So, what I would suggest that there's no reason why defamation should not extend beyond somebody's life, at least for children and grandchildren who are affected emotionally and financially by things like these allegations and Leaving Neverland. Copyright law is life plus 75.
Defamation might be life plus 20, 30, 40, you know, there is some way to set it up so... so the deceased can be protected. I mean, now we're about to listen to stories about Martin Luther King.
https://www.johnbranca.com/
https://www.youtube.com/watch?v=Gkmd4SLZL4c
https://john-branca.medium.com
https://www.billboard.com/articles/business/8497002/no-57-john-branca-power-100
https://www.crunchbase.com/person/john-branca
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