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Full-Text Articles in Law

Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger Jan 2016

Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger

University of Michigan Journal of Law Reform

In Milkovich v. Lorain Journal Co., the Supreme Court held that there is no separate constitutional protection for statements of opinion. It also held that an accusation that an individual lied is a statement of fact actionable in defamation. Lower courts have, correctly in our view, essentially ignored both holdings. In Part I we discuss Milkovich and the infirmities in its reasoning. In Part II we discuss the complex nature of lies and accusations of lies and argue that Milkovich failed to account for that complexity. In Part III we discuss the strategies the lower courts have used to …


The Applicability Of The Constitutional Privilege To Defame: Question Of Law Or Question Of Fact?, Christopher G. Scanlon Jan 1979

The Applicability Of The Constitutional Privilege To Defame: Question Of Law Or Question Of Fact?, Christopher G. Scanlon

Indiana Law Journal

No abstract provided.


Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki Jan 1976

Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki

University of Richmond Law Review

This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …


Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton May 1975

Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton

BYU Law Review

No abstract provided.