Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

SelectedWorks

Libel

Articles 1 - 4 of 4

Full-Text Articles in Law

Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel T. Pesciotta Feb 2013

Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel T. Pesciotta

Daniel T Pesciotta

This paper discusses an important First Amendment issue that has received virtually no attention from the United States Supreme Court: the question of involuntary public figures in defamation cases. Determining an individual’s public figure status is often the dispositive question in defamation litigation as private figures need typically only prove the defendant spoke negligently, whereas public figures must satisfy the much higher actual malice standard first articulated in New York Times v. Sullivan. In Gertz v. Robert Welch, Inc., the Court suggested that it is indeed possible for an individual to become a public figure involuntarily. Despite this …


A Libel Law Analysis Of Media Abuses In Reporting On The Duke Lacrosse Fabricated Rape Charges, David A. Elder Jan 2008

A Libel Law Analysis Of Media Abuses In Reporting On The Duke Lacrosse Fabricated Rape Charges, David A. Elder

David A. Elder

No abstract provided.


Truth, Accuracy And "Neutral Reportage": Beheading The Media Jabberwock's Attempts To Circumvent New York Times V. Sullivan -- A Plea For Classical Virtue, David A. Elder Jan 2007

Truth, Accuracy And "Neutral Reportage": Beheading The Media Jabberwock's Attempts To Circumvent New York Times V. Sullivan -- A Plea For Classical Virtue, David A. Elder

David A. Elder

No abstract provided.


Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski Jan 2006

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment. The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …