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Full-Text Articles in Privacy Law
Gag With Malice, Shaakirrah R. Sanders
Gag With Malice, Shaakirrah R. Sanders
Washington and Lee Law Review
This Article brings agriculture privacy and other commercial gagging laws into the ongoing debate on the First Amendment actual malice rule announced in New York Times v. Sullivan. Despite a resurgence in contemporary jurisprudence, Justices Clarence Thomas and Neil Gorsuch have recently questioned the wisdom and viability of Sullivan, which originally applied actual malice to state law defamation claims brought by public officials. The Court later extended the actual malice rule to public figures, to claims for infliction of emotional distress, and—as discussed in this Article—to claims for invasion of privacy and to issues of public importance or concern.
United …
Making Privacy Injuries Concrete, Peter Ormerod
Making Privacy Injuries Concrete, Peter Ormerod
Washington and Lee Law Review
In recent years, the U.S. Supreme Court has repeatedly said that the doctrine of Article III standing deprives the federal courts of jurisdiction over some lawsuits involving intangible injuries. The lower federal courts are carrying out the Supreme Court’s instructions, and privacy injuries have borne the brunt of the Court’s directive. This Article identifies two incoherencies in the Court’s recent intangible injury decisions and builds on the work of privacy scholars to fashion a solution.
The first incoherency is a line-drawing problem: the Court has never explained why some intangible injuries create an Article III injury in fact while others …