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EVST 255: Environmental Politics and Law

Lecture 11 - Safety Claims and Free Speech: Preemption and Defamation. This lecture presents three cases: Bates v. Dow, a lawsuit brought by peanut growers against the producers of a pesticide that degraded their soil; the Alar case, in which environmental organizations and the media successfully pressured EPA to ban a carcinogenic pesticide used on apples; and the Texas Cattlemen's Association's lawsuit against Oprah Winfrey for her coverage of Mad Cow Disease. Using these three cases, Professor Wargo discusses the legal concepts of preemption and defamation. He gives an overview of their origin and use in regulating agriculture and protecting human health and the environment. Through the Texas Cattlemen's Association case, he shows the effect of state "veggie libel" laws on free speech. (from oyc.yale.edu)

Lecture 11 - Safety Claims and Free Speech: Preemption and Defamation

Time Lecture Chapters
[00:00:00] 1. Introduction to Legal Concepts: Preemption and Defamation
[00:06:37] 2. The Importance of Bates v. Dow
[00:10:53] 3. Trade Libel Law: The Alar Case
[00:31:22] 4. Veggie Libel Laws and The Chill Effect on Free Speech

References
Lecture 11 - Safety Claims and Free Speech: Preemption and Defamation
Instructor: Professor John Wargo. Resources: Lecture 11 [PDF]. Transcript [html]. Audio [mp3]. Download Video [mov].

Go to the Course Home or watch other lectures:

Lecture 01 - Introduction to the Course
Lecture 02 - Principles and Strategies in Environmental Law
Lecture 03 - Nuclear Experiments
Lecture 04 - Nuclear Secrecy and Ecology
Lecture 05 - Preparing for War: NEPA
Lecture 06 - Marine Food-Chains: Mercury
Lecture 07 - Site Restoration Law
Lecture 08 - Chemically Dependent Agriculture
Lecture 09 - Risk and Law: Pesticide Paradigm
Lecture 10 - Safe Drinking Water: Science and Law
Lecture 11 - Safety Claims and Free Speech: Preemption and Defamation
Lecture 12 - Air Quality Law: Margins of Safety
Lecture 13 - Vehicle Emissions and Public Transit
Lecture 14 - The Quiet Revolution in Plastics
Lecture 15 - The Tobacco Paradigm
Lecture 16 - Evolution of Tobacco Law
Lecture 17 - Land Use and Conservation Law: The Adirondack History
Lecture 18 - Property Rights and Public Lands Management
Lecture 19 - Land Use Law and Property Rights
Lecture 20 - Managing Coastal Resources in an Era of Climate Change
Lecture 21 - Certification: Design and Green Architecture
Lecture 22 - Past and Future of Nuclear Power
Lecture 23 - Renewable Energy Policies
Lecture 24 - Reflection and Lessons