Speaking of eminent domain …

December 11, 2008

There’s an interesting piece in Reason (Best. Magazine. EVAR.) about eminent domain about a H. Walker Royall, private developer who sues anyone who is critical of his use of eminent domain.

So after thinking carefully about my potential legal exposure, I have decided not to say that Royall is an arrogant, thin-skinned cheater who thinks nothing of abusing the legal process and violating other people’s rights to advance his business interests and protect his vanity. Although that opinion is completely protected by the First Amendment as criticism of a public figure and speech about an issue of public importance, Royall still could sue me. And as the Institute for Justice, which is representing Main, Epstein, and Encounter Books, points out, even if defamation lawsuits against critics of eminent domain abuse fail in court, “the large expenditure of time and money associated with defending them all too often accomplishes the goal of silencing those who stand up for their rights.” With that in mind, I have decided to refrain from calling Royall a corrupt coward, a litigious leech, or a supersensitive censor. I encourage you to refrain from doing so as well.

Thank God for restraint.

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