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William & Mary Law Review

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Libel and Slander

Articles 1 - 15 of 15

Full-Text Articles in Law

Freedom Of Speech, Defamation, And Injunctions, David S. Ardia Oct 2013

Freedom Of Speech, Defamation, And Injunctions, David S. Ardia

William & Mary Law Review

It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to injunctive relief; their remedies are solely monetary. Indeed, it has been repeated as a truism: “equity will not enjoin a libel.” This precept rests on one of the strongest presumptions in First Amendment jurisprudence: that injunctions against libel and other kinds of speech are unconstitutional prior restraints. But it may not be true, at least not anymore.

Over the past decade, the Internet has brought increased attention to the adequacy of the remedies available in defamation cases. Prior to the widespread availability of digital …


Speech, Intent, And The Chilling Effect, Leslie Kendrick Apr 2013

Speech, Intent, And The Chilling Effect, Leslie Kendrick

William & Mary Law Review

Speaker’s intent requirements are a common but unremarked feature of First Amendment law. From the “actual malice” standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending on the state of mind with which they are said. To the extent that courts and commentators have considered why speaker’s intent should determine First Amendment protection, they have relied upon the chilling effect. On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information. Intent requirements are necessary prophylactically to provide …


Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan Oct 1995

Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan

William & Mary Law Review

No abstract provided.


Equality And Freedom Of Expression: The Hate Speech Dilemma, Toni M. Massaro Feb 1991

Equality And Freedom Of Expression: The Hate Speech Dilemma, Toni M. Massaro

William & Mary Law Review

No abstract provided.


Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer Apr 1990

Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer

William & Mary Law Review

No abstract provided.


Public Figures, Frederick Schauer Jun 1984

Public Figures, Frederick Schauer

William & Mary Law Review

No abstract provided.


Reputation, Compensation, And Proof, David A. Anderson Jun 1984

Reputation, Compensation, And Proof, David A. Anderson

William & Mary Law Review

No abstract provided.


Of Public Figures And Public Interest - The Libel Law Conundrum, Gerald G. Ashdown Jun 1984

Of Public Figures And Public Interest - The Libel Law Conundrum, Gerald G. Ashdown

William & Mary Law Review

No abstract provided.


Public Figures Revisited, Diana M. Daniels Jun 1984

Public Figures Revisited, Diana M. Daniels

William & Mary Law Review

No abstract provided.


Hard Defamation Cases, Cass R. Sunstein Jun 1984

Hard Defamation Cases, Cass R. Sunstein

William & Mary Law Review

No abstract provided.


Introduction To Defamation And The First Amendment: New Perspectives, William B. Spong Jr. Jun 1984

Introduction To Defamation And The First Amendment: New Perspectives, William B. Spong Jr.

William & Mary Law Review

No abstract provided.


Defamation And The First Amendment: The End Of The Affair, Paul A. Lebel Jun 1984

Defamation And The First Amendment: The End Of The Affair, Paul A. Lebel

William & Mary Law Review

No abstract provided.


The Plaintiff's Burden In Defamation: Awareness And Falsity, Marc A. Franklin, Daniel J. Bussel Jun 1984

The Plaintiff's Burden In Defamation: Awareness And Falsity, Marc A. Franklin, Daniel J. Bussel

William & Mary Law Review

No abstract provided.


Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson May 1966

Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson

William & Mary Law Review

No abstract provided.


Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse Oct 1957

Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse

William & Mary Law Review

No abstract provided.