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Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases …
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases in …