根據我的理解,美國法律不能強迫某人賠禮道歉

I just read the post on the legal status of apologies under U.S. law. Sorry for posting a new message because I worry it won't be read otherwise. Having read some of the responses, I would disagree with some of the responses. As I understand it, a judge in an American court (except juvenile courts) may not force an involuntary apology from a defendant. I've never come across a case where the judge has discussed this issue (largely because people never ask it as a legal remedy). But I would imagine, forcing an apology would be a violation of the First Amendment on free speech. In other words, in either a court judgment or a statute, you cannot force someone to say something that he doesn't want to say. This would be tantamount to speech slavery.

The discussion on equity/law is relevant, but I don't think a judge can force someone to apologize even under the principle of equity. A mandatory injunction forcing someone to apologize will unlikely be issued, because it cannot be adequately enforced and will raise doubts on constitutional legality.

The closest that American tort law comes to an "apology" is what people call a "retraction statute." I won't go into the details here but a retraction is so different from an apology, not mentioning a forced apology. And it only happens in defamation cases, not in other cases.

所有跟帖： 

• 回複：根據我的理解,美國法律不能強迫某人賠禮道歉 -wal-mart- ♀ (857 bytes) () 09/19/2004 postreply 09:53:47

• apology/retraction distinguish -JanKoller- ♀ (1213 bytes) () 09/19/2004 postreply 15:08:49

• "賠禮道歉"是美國民法中承擔民事責任的方式之一。 -法居士- ♂ (0 bytes) () 09/20/2004 postreply 21:15:28

• 你給我找住個PRECEDENT來看看,我不信有. -JANKOLLER- ♀ (0 bytes) () 09/21/2004 postreply 06:39:43