Her reward was to be sued. Those whose research focuses on unexamined issues and afflicts the comfortable will be the most vulnerable. The testimonial privilege provided by the law of defamation should ultimately protect such a defendant from paying damages, but in the meantime large amounts of time and money must be expended in raising this argument. The defendant will face months and even years of anxiety while the case wends its way through the courts. Beyond the issues explored above, there is a question fundamental to a democracy.
Democratic processes demand that the public be engaged in the issues of the day.
The first amendment is designed to create a space where this discussion can occur. It anticipates that the discussion be open, free, and meaningful. The process is not necessarily engaged in without pain. When issues matter to them, people are likely to disagree with one another. It is vital that these disputes be brought into the public arena, so that, by their interaction, we can grope our way to some degree of wisdom.