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Articles 31 - 52 of 52
Full-Text Articles in Law
Freedom Of Speech And The Press
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
William & Mary Law Review
No abstract provided.
Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens
Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens
University of Arkansas at Little Rock Law Review
No abstract provided.
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Scholarly Articles
Not available.
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Scholarly Articles
None available.
Hutchinson V. Proxmire, Lewis F. Powell Jr.
Hutchinson V. Proxmire, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.
Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.
Florida State University Law Review
No abstract provided.
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Seattle University Law Review
In Taskett v. KING Broadcasting Co., the Washington Supreme Court reevaluated the constitutional limits on libel law with regard to private individuals involved in matters of public interest, and held that private individuals can recover damages "on a showing that in publishing the statement, the defendant knew or, in the exercise of reasonable care, should have known that the statement was false." In adopting the reasonable care standard, the Washington Supreme Court sought to achieve an equitable balance between the media's first amendment rights of free speech and press and the state's interest in compensating private citizens for harm …
Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman
Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman
Villanova Law Review
No abstract provided.
Constitutional Law - First Amendment - Freedom Of Speech And Press - New York Times Standard Is Inapplicable To A Defamed Individual Who Is Neither A Public Official Nor A Public Figure, And Only Actual Injury Is Compensable Absent Showing Of Actual Malice, William E. Molchen Ii
Villanova Law Review
No abstract provided.
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
William & Mary Law Review
No abstract provided.
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Michigan Law Review
Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …
"Congress Shall Make No Law..."*, O. John Rogge
"Congress Shall Make No Law..."*, O. John Rogge
Michigan Law Review
It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Michigan Law Review
On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …
Application Of Single Publication Rule To Publisher Of Books
Application Of Single Publication Rule To Publisher Of Books
Indiana Law Journal
Recent Cases: Libel
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.
Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.
West Virginia Law Review
No abstract provided.
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Michigan Law Review
It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …