Iron Lightning said:
Defamation is protected speech insofar as that it's not a criminal offense.
If a judge can order you to stop it and pay restitution, it's not protected speech--that's "the law" telling you that you cannot continue and shouldn't have done it. What's more, such a ruling is based
entirely on the speech, so we can't pretend that it's some other factor being ruled upon.
I didn't say I agreed with the kid being
arrested, but what he did isn't some kind of protected speech. It doesn't have to be a "crime" to be "not protected."
Now, all the stuff about "She has great boobs" or whatever? The kid should be beaten soundly, but it's not technically defamatory--it's "an opinion." But making allegations about a girl's sexual activity, if she herself did not divulge this information? Now there's a problem.