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Constitutional Law

Libel

Institution
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Articles 31 - 52 of 52

Full-Text Articles in Law

Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein May 1989

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 Oct 1984

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 Jan 1983

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 Jan 1983

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 Jan 1981

Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue

Scholarly Articles

None available.


Hutchinson V. Proxmire, Lewis F. Powell Jr. Oct 1978

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. Jul 1977

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 Jan 1977

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 Jan 1976

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 Jan 1974

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. Oct 1967

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 Apr 1962

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 Jan 1958

"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. Mar 1954

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 Jan 1949

Application Of Single Publication Rule To Publisher Of Books

Indiana Law Journal

Recent Cases: Libel


Abstracts, Katherine Kempfer Aug 1943

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. Feb 1942

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 Mar 1938

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 Dec 1931

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 …