Law Commons^™

Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.

Vanderbilt Law Review

At common law, defamation was a strict liability tort. A defendant could be held liable for publishing a false and defamatory statement absent any evidence that the defendant suspected the statement's falsity or even its defamatory potential, and despite the fact that the defendant used reasonable care in attempting to ascertain the truth. The plaintiff only had to prove fault by the publisher when the plaintiff was attempting to overcome a qualified privilege or establish the liability of a secondary publisher such as a news vendor.' Since the United States Supreme Court's decision in New York Times v. Sullivan, however, …