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Full-Text Articles in Law
Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide
Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide
Journal of Dispute Resolution
Filing suit for defamation or libel is signing up for an expensive and time-consuming endeavor. If it proceeds to trial, this type of litigation comes with high costs for both sides: potentially millions of dollars in legal fees, and years of court battles. Average judgments against defendant publishers are high, often because uncapped punitive damages are available. Plaintiffs may wait years to receive a judgment, only to spend a significant portion on attorneys’ fees. Given the inefficiency of the courts in handling defamation and libel claims, how might an alternative forum provide for a quicker process, with lower costs for …
Lies, Honor, And The Government’S Good Name: Seditious Libel And The Stolen Valor Act, Christina E. Wells
Lies, Honor, And The Government’S Good Name: Seditious Libel And The Stolen Valor Act, Christina E. Wells
Faculty Publications
Although the Supreme Court declared the crime of seditious libel inconsistent with the First Amendment long ago, the Stolen Valor Act, which punishes anyone who falsely represents themselves to have been awarded certain military medals, revives something very like that crime. the connection between the two crimes is not immediately obvious, but the government's underlying reasoning is nearly identical in both. Officials justified seditious libel prosecutions by claiming, without proof, that criticism of the government undermined its authority and reduced the public's respect for it, ultimately threatening national security. Contemporary government officials also argue, without proof, that the Act is …
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky
Faculty Publications
This Article examines the evolution of the law governing libel suits against anonymous “John Doe” defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire and other non-factual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …
Laying To Rest The Ecclesiastical Presumption Of Falsity: Why The Missouri Approved Instructions Should Include Falsity As An Element Of Defamation, J. Andrew Hirth
Laying To Rest The Ecclesiastical Presumption Of Falsity: Why The Missouri Approved Instructions Should Include Falsity As An Element Of Defamation, J. Andrew Hirth
Missouri Law Review
This Note explores the origens of the plaintiff's presumption of falsity and argues that, after Nazeri v. Missouri Valley College, the burden of proving falsity must be borne by the plaintiff in every case.