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Full-Text Articles in Law
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Fordham Urban Law Journal
This Comment critiques the legal landscape surrounding republisher liability for defamation and ultimately calls for a more reaching approach to protect against such liability. Historically at common law republishers could be held liable for defamation regardless of whether they attributed the source of the material. However, starting in 1933 courts articulated the “wire service defense” that sought to eliminate liability for republishers when they “republished a wire story from a generally recognized reliable source of daily news.” Subsequent to the 1933 Florida court’s articulation of the defense many jurisdictions have adopted it. New York stands out as one of the …
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Fordham Urban Law Journal
This Article explores the ethics of writing amicus briefs as they relate to defamation and privacy issues by focusing on two specific cases, Rice v. Paladin and Khawar v. Globe, International. It begins with a history of amicus curaie briefs, followed by a discussion of the two cases. In Paladin, a family sued a publishing company arguing that a book it published aided and abetted a murder. In Khawar, a photo was wrongly placed in a book and was subsequently printed in a newspaper. In both cases, amicus briefs were submitted on the part of the defendants from large media …
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Fordham Urban Law Journal
In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …
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 …