Abstract

Abstract This chapter tackles the interplay between dignitary harm and tort law. It highlights various tort claims that are particularly related to dignitary interests. An example is battery committed through offensive contact that does not cause physical harm, such as spitting in someone’s face. The chapter then addresses challenges that courts face in adjudicating tort claims based on dignitary harm. The chapter examines the historical pedigree of dignitary claims in tort law; the matter of how courts can sift actionable from nonactionable dignitary claims; and the vexed relationship between dignity in tort law and the First Amendment. The chapter argues that dignitary values should not be wholly subordinated to First Amendment aims.

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