回複：根據我的理解,美國法律不能強迫某人賠禮道歉

Thanks for your insightful comment. As a matter of fact, the possible implication of First Amendment did not come to my mind when I was trying to address the issue of the possiblity that a US court may award a relief of compelling an appology from the perspective of equity. I agree that mandatory injuction is hardly enforceable and only occassionally issued, but a court order to compell a defendant to appologize in an open court or on the media, such as newspaper, is not impossible. A judge may be reluctant but it does not mean that he/she is incapable of doing so. Actually, in a malicious libel case, if the plaintiff can establish that monetary damage or other type of relief, such as a retraction than an appology in public would not remedy the injury, a court of equity may compel the defendant to appologize under the court's close monitoring.

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