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Full-Text Articles in Law
Speech And The Truth-Seeking Value, Brian C. Murchison
Speech And The Truth-Seeking Value, Brian C. Murchison
Brian C. Murchison
Courts in First Amendment cases long have invoked the truth-seeking value of speech, but they rarely probe its meaning or significance, and some ignore it altogether. As new cases implicate questions of truth and falsity, thorough assessment of the value is needed. This Article fills the gap by making three claims. First, interest in truth-seeking has resurfaced in journalism, politics, philosophy, and fiction, converging on a concept of provisional or “functional” truth. Second, the appeal of functional truth for the law may be that it clarifies thinking about a range of human priorities—survival, progress, and character—without insisting on truth in …
Sullivan's Paradox: The Emergence Of Judicial Standards Of Journalism, Brian C. Murchison
Sullivan's Paradox: The Emergence Of Judicial Standards Of Journalism, Brian C. Murchison
Brian C. Murchison
In this article, the authors examine the development of libel law in America since the Supreme Court's watershed decision in New York Times Co. v. Sullivan and suggest that Sullivan affords members of the press less protection than many think. Sullivan's actual malice standard invites judges to create norms of acceptable journalistic conduct for news gathering, which members of the press and their lawyers use as maps to navigate around libel liability. The authors examine a large number of these judicial decisions and note the types of journalistic conduct at issue and what conduct the courts view positively. The authors …
Speech And The Self-Realization Value, Brian C. Murchison
Speech And The Self-Realization Value, Brian C. Murchison
Brian C. Murchison
None available.
Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison
Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison
Brian C. Murchison
None available.
The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison
The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison
Brian C. Murchison
A requirement of U.S. defamation law is that an actionable statement be factual in nature, but courts since Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), have had considerable difficulty in distinguishing factual from non-factual statements and in articulating the value of non-factual public discourse in all its diversity. This Article reviews four topics - intent, context, conjecture, and hyperbole - that have been particularly troublesome to courts. It argues for a fresh appraisal of Justice Brennan's dissenting opinion in Milkovich and brings into the conversation the works of several current political theorists on the contributions of passionate political …
Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison
Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison
Brian C. Murchison
Not available.
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
Brian C. Murchison
No abstract provided.
The Three Voices Of Libel, Randall Bezanson, Brian C. Murchison
The Three Voices Of Libel, Randall Bezanson, Brian C. Murchison
Brian C. Murchison
No abstract provided.
Anonymous Speech On The Internet, Brian C. Murchison
Anonymous Speech On The Internet, Brian C. Murchison
Brian C. Murchison
No abstract provided.