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Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler
University of Richmond Law Review
In 1964, the United States Supreme Court decided that defamatory statements are entitled to some first amendment protection. In later cases, the Court has continued to redefine the constitutional landscape of defamation, but many questions remain unanswered. In their attempts to accommodate the Supreme Court's new doctrine, the Virginia state courts have often struggled with the task of redefining their common law rules so that they are consistent with the constitutional prescriptions. Since 1985, the Virginia Supreme Court has issued five opinions attempting to clarify various aspects of defamation law in Virginia. Part I of this article examines these opinions …
Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue
University of Richmond Law Review
In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.