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Full-Text Articles in Law
Freedom Of Speech, Defamation, And Injunctions, David S. Ardia
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
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
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
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
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
Reputation, Compensation, And Proof, David A. Anderson
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
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
Public Figures Revisited, Diana M. Daniels
William & Mary Law Review
No abstract provided.
Hard Defamation Cases, Cass R. Sunstein
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.
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
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
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
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
Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse
William & Mary Law Review
No abstract provided.