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McDonald v. Smith : ウィキペディア英語版 | McDonald v. Smith
''McDonald v. Smith'', , was a United States Supreme Court case in which the Court held that the right to petition does not provide absolute immunity to petitioners; it is subject to the same restrictions as other First Amendment rights. == Background == In 1981, David Smith brought a libel suit against Robert McDonald claiming that the latter had included knowing and malicious lies about him in a letter to the President concerning Smith's possible appointment as a United States attorney. Smith claimed that these libelous claims damaged both his chances of appointment and his reputation and career. McDonald first had the case removed to federal court on the basis of diversity of citizenship. Then, since the alleged libel was contained in a letter (petition) to the President, he moved for judgment on the pleadings on the grounds that the Petition Clause of the First Amendment protected his right express his views without limitation as long as it was part of a constitutionally protected petition.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「McDonald v. Smith」の詳細全文を読む
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