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LEVINSKY'S v. WAL-MART STORES, INC.

No. 97-1329.

127 F.3d 122 (1997)

LEVINSKY'S, INC., Plaintiff, Appellee, v. WAL-MART STORES, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 26, 1997.

Attorney(s) appearing for the Case

Jonathan S. Piper, with whom Charles J. Glasser, Jr., Preti, Flaherty, Beliveau & Pachios, Peter J. DeTroy, Russell B. Pierce, Jr., and Norman, Hanson & DeTroy, Portland, ME, were on brief, for appellant.

Karen Frink Wolf, with whom Harold J. Friedman and Friedman & Babcock, Portland, ME, were on brief, for appellee.

Before SELYA and LYNCH, Circuit Judges, and POLLAK, Senior District Judge.

SELYA, Circuit Judge.

Our enduring national devotion to freedom of expression, embodied in the First Amendment and renewed in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), inevitably means that much offensive and inaccurate speech will remain free from legal constraints. Still, there are boundaries past which speakers cannot trespass. This case illustrates how difficult it is to trace those...

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