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Articles 1 - 5 of 5
Full-Text Articles in Law
Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill
Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill
Dalhousie Law Journal
Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …
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
Scholarly Articles
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 …
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Touro Law Review
No abstract provided.
Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax
Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax
Touro Law Review
No abstract provided.
Freedom Of Speech & Press: Gross V. New York Times, Co.
Freedom Of Speech & Press: Gross V. New York Times, Co.
Touro Law Review
No abstract provided.