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Full-Text Articles in Law
Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson
Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson
ExpressO
Since its beginning, the actual malice test first announced in 1964 in New York Times v. Sullivan, has suffered from problems that are increasingly traceable to the changing face of journalism. Its demand that the mind of the reporter be proved "with convincing clarity" has adverse consequences for plaintiffs and news organizations alike. End runs around the subjective state of mind inquiry by plaintiffs have become more common. And the actual malice test's predictability, its capacity as a standard of liability to yield consistent and coherent results across a body of cases, remains a hollow promise. As Robert Sack famously …
Resurrecting The Press Clause, David A. Anderson
Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell
Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell
Rutgers Law School (Newark) Faculty Papers
No abstract provided.
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
Carlo A. Pedrioli
In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …