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Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler Jan 1986

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 …


State Court Reactions To Gertz V. Robert Welch,Inc.: Inconsistent Results And Reasoning, Charles W. Gerdts, Iii, Kevin J. Wolff Nov 1976

State Court Reactions To Gertz V. Robert Welch,Inc.: Inconsistent Results And Reasoning, Charles W. Gerdts, Iii, Kevin J. Wolff

Vanderbilt Law Review

This Recent Development will examine the state court reactions to Gertz, describe the reasons for the lack of uniformity in their conclusions, and suggest an approach to balancing the first amendment and reputational interests.


Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton May 1975

Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton

BYU Law Review

No abstract provided.


Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue Jan 1975

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.