Comments on: Defamation suits for the deceased https://www.overlawyered.com/2006/09/defamation-suits-for-the-deceased/ Chronicling the high cost of our legal system Sun, 25 May 2008 23:16:45 +0000 hourly 1 By: billb https://www.overlawyered.com/2006/09/defamation-suits-for-the-deceased/comment-page-1/#comment-4151 Thu, 21 Sep 2006 08:48:59 +0000 http://overlawyered.com/wpblog/?p=3969#comment-4151 wavemaker: Isn’t that example slander against the son?

A more interesting example might be the bestselling author who dies and then is accussed (without merit) of being a pedophile. In the ensuing public disgust, his estate is unable to sell any more of his books. Should or shouldn’t the estate have the right to sue the slanderer? (putting aside the question, for now, of the ridiculous copyright term afforded the author and his estate)

]]> By: wavemaker https://www.overlawyered.com/2006/09/defamation-suits-for-the-deceased/comment-page-1/#comment-4150 Thu, 21 Sep 2006 06:24:33 +0000 http://overlawyered.com/wpblog/?p=3969#comment-4150 I have always supposed that the rationale behind this rule is that a dead person cannot suffer harm. But what if the descendants of the deceased find that the slander of their deceased parent has resulted in harm to them?

For instance, the son of one who, post-mortem, has been accused of being a member of the Mafia does not get a job as a lawyer in a district attorney’s office due to a “whispering campaign.”

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