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Full-Text Articles in Law
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements, Abigail Stephens
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements, Abigail Stephens
William & Mary Bill of Rights Journal
No abstract provided.
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine, Samantha Barbas
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine, Samantha Barbas
William & Mary Bill of Rights Journal
No abstract provided.
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 …
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
William & Mary Bill of Rights Journal
Corporations have increasingly used defamation suits as an offensive weapon. Many of these suits may be defined as SLAPP suits-Strategic Litigation Against Public Participation. These suits, often meritless, are designed to harass and silence a corporations' critics. Following a survey oft he history of defamation law and the protection of free speech, this Note argues that corporations should be treated as per se public figures in defamation suits. This derives from the uniquely public nature of a corporation and an assumption of the risk of defamatory falsehoods that arises from the act of incorporation.Treating corporations in this manner would place …
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
William & Mary Bill of Rights Journal
In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
William & Mary Bill of Rights Journal
Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …
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.
Monkey Trials: Science, Defamation, And The Suppression Of Dissent, Michael Kent Curtis
Monkey Trials: Science, Defamation, And The Suppression Of Dissent, Michael Kent Curtis
William & Mary Bill of Rights Journal
In 1992, Rolling Stone magazine published "The Origin of AIDS. ?" The article explored a controversial and unconfirmed theory that the AIDS epidemic had been an inadvertent result of a polio vaccine trial conducted in Africa in the late 1950s. The researcher who conducted the African trials discussed by Rolling Stone sued the magazine for libel. He alleged that the article should be interpreted as asserting that he had caused the epidemic, that the AIDS-polio vaccine theory was false, and that it defamed him. Monkey Trials explores the controversial theory of the origin of AIDS and considers whether discussion (or …
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
William & Mary Bill of Rights Journal
No abstract provided.
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
William & Mary Bill of Rights Journal
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.
The Annenberg Libel Reform Proposal: The Case For Enactment, Rodney A. Smolla, Michael J. Gaertner
The Annenberg Libel Reform Proposal: The Case For Enactment, Rodney A. Smolla, Michael J. Gaertner
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.
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.
Public Figures Revisited, Diana M. Daniels
Public Figures Revisited, Diana M. Daniels
William & Mary Law Review
No abstract provided.
First Amendment Limitations On Recovery From The Press - An Extended Comment On "The Anderson Solution", William W. Van Alstyne
First Amendment Limitations On Recovery From The Press - An Extended Comment On "The Anderson Solution", William W. Van Alstyne
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.
The Supreme Court And Libel, Jerome Lawrence Merin
The Supreme Court And Libel, Jerome Lawrence Merin
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.