Comment Re:Please Tell Me You Are Not A Lawyer (Score 1) 301
I am in fact a practicing lawyer. And unless New York Times v. Sullivan was overruled recently without my knowledge, the First Amendment to the US Constitution does limit private actions for damages based on defamation. I also call to your attention Gertz v. Robert Welch, Inc. And considering the ample precedent holding otherwise, it is simply false to assert, as you do, that "[t]he First Amendment only deals with prior restraint."
The question is not whether the Constitution gives one a right to say bad things about people with impunity, for it has never been held to do so, and I know of no serious argument that it does. The question is whether a person may be liable for a true statement that injures another's reputation. I have not researched the question directly, but such liability seems at first thought to be inconsistent with the holding in Gertz that state law may not impose strict liability for defamatory falsehoods that injure an individual. If you know of a contrary authority, I'd love to hear of it.