A person's reputation is their legacy which lives on after death. Most journalists and many others, whose testimony may not be credible, rely upon or hide behind the "Freedom of Speech" to promote old lies, innuendo and hate. Freedom of Speech is also used in an attempt to destroy for entertainment and profit. The masses receive their information through the media and most believe whatever they read without researching. If the media is not honest, fair and balanced in what they say or write they are being prejudice and destructive. There is no law to protect the deceased from being defamed. The families of those deceased Civil Rights are being violated because of this abuse. Prime Example: The demoralization of Michael Jackson is, without doubt, emotionally traumatic for his children. It could have a very negative and profound effect on the hearts and minds of his children, nieces/nephews and all children around the world; as well as his siblings and parents. This is "Emotional" Abuse. Abuse is Abuse.
It's time to give the deceased their due. (Jonathan Turley - Shapiro Professor of public interest law at George Washington University) http://www.washingtonpost.com/wp-dyn/content/article/2006/09/15/AR2006091500999.html
A law would provide a posthumous cause of action for defamation that hurt the family members and financial interests of deceased persons. (John Dean - FindLaw columnists and former counsel to the president) Defaming The Dead: Congressman Peter King's Michael Jackson Media Rant http://writ.news.findlaw.com/dean/20090710.html
CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. SEC. 2 (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.
This right has certainly and continue to be abused. Offenders should be liable and be required to give account for their personal thoughts, views or attitudes; especially those based mainly upon emotion instead of reason or knowledge. Any or all opinions formed outside of a person's civil right (that which is good or proper and conforms to fact or truth) should be considered as abusive (harmful or offensive) causing interference with thier enjoyment, happiness, privacy of life and inalienable rights. We should be able to protect the legacy of the deceased. We call upon the California Legislators to redress these wrong doings and make the proper corrections by authoring a bill/law that would hold offenders accountable for abuse of the right to "Freedom of Speech".