Jeffrey Tucker sits down with Stephan Kinsella...libertarian attorney, author of the seminal 2001 essay “Against Intellectual Property”, and the massive treatise “Legal Foundations of a Free Society”...for a provocative discussion on why defamation (libel and slander) law should be rejected as just another form of intellectual property right. Kinsella argues that reputation is not ownable property. What others think of you cannot be controlled or turned into a legal entitlement. Defamation law, like patents, copyrights, and trademarks, rests on the flawed idea that the state should protect intangible “rights” through force. He explains how these laws create chilling effects, perverse incentives, and actually amplify the harm of false speech rather than reduce it. Topics covered include:
Why intellectual property (including trademarks and defamation) is incompatible with true property rights and free markets
The historical and common-law roots of defamation and how it morphed into reputation-as-property
How the existence of defamation lawsuits gives lies more credibility (”If it weren’t true, he would have sued”)
Free speech, threats, and the limits of state power
Private alternatives: reputation markets, certification agencies, dueling culture, caveat emptor for information, and why a truly free society would be more (not less) regulated by voluntary rules
Connections to patents destroying innovation (especially in pharma and software), NDAs, cancel culture, and the illusion of safety created by regulatory bodies like the FDA
Why “buyer beware” should apply to both products and information in a free society
This is a challenging, nuanced conversation that questions deeply held assumptions about law, harm, honor, and reputation. Even if you initially disagree, Kinsella’s razor-sharp property-rights analysis will make you rethink how we handle speech, lies, and “harm” in the digital age. Guest: Stephan Kinsella Attorney, author of Against Intellectual Property (2001) and Legal Foundations of a Free Society (2023). Founder of the Center for the Study of Innovative Freedom (C4SIF). Links:
Stephan Kinsella: https://stephankinsella.com
Brownstone Institute: https://brownstone.org
If you enjoyed this episode, subscribe for more unfiltered discussions on liberty, law, technology, and the future of a free society. Drop your thoughts—do you think defamation should be treated as a property right, or is Kinsella right that it’s just another IP-style monopoly on ideas and opinions?
