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Full-Text Articles in Law
Falwell V. Flynt: Lampooning Or Liability; The Realization Of A Three-Pronged Tort Approach For Establishing Media Liability For Fictional Defamation, Christopher C. Patterson
Falwell V. Flynt: Lampooning Or Liability; The Realization Of A Three-Pronged Tort Approach For Establishing Media Liability For Fictional Defamation, Christopher C. Patterson
Akron Law Review
This article will discuss the appellate court's interpretation and application of the three tort theories of liability. It will also analyze the potential floodgate effect this case may have on future defamation actions against the media for publishing fictional publications, including political cartoons.
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Akron Law Review
In general, plaintiffs’ ability to obtain substantial damages against media defendants is directly proportional to their ability to obtain so called “publication damages.”...In future cases, the courts may be forced to deal more straightforwardly with the First Amendment issues. In Sanders, the court avoided those issues because they were not raised. As a result, the court left open the possibility that, even in an intrusion case a media defendant might be allowed to show that the invasion of privacy was “justified by the legitimate motive of gathering the news.”...Moreover, the very existence of the litigation undoubtedly has a negative impact …