3-Year Sentence in Ecuador for Newspaper Editor, Based on Alleged Criminal Libel of Ecuadorean President

(Eugene Volokh)

CNN reported on the trial, which apparently stemmed from a column that "called [Ecuadorean President Rafael] Correa a dictator and claimed that the president had ordered security forces to open fire at a hospital full of civilians last September." La Hora (Ecuador) reports on the sentence, which was apparently just handed down, and which also apparently included an $80 million damages award. I don't know any more details, but I thought this was worth noting.

I should note, by the way, that the U.S. Supreme Court has never held that American criminal libel laws violate the First Amendment, and about a third of the states apparently have such statutes on the books. Moreover, there are quite a few prosecutions under such statutes in at least a few states, see here and here. But the prosecutions generally seem to lead to very modest sentences, rarely involve politicians or political matters, and therefore don't draw much attention; and the prosecution must generally prove that the statements were false and that the speaker knew they were false or at least acted in reckless disregard of the known probability that they were false. I don't know of any comparable sentences for alleged criminal libel of a politician, at least during recent American history, though I note again that in principle such a prosecution has not been foreclosed by Supreme Court precedent. Thanks to Jose K. Guerrero for the pointer.