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Full-Text Articles in Law
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
Scholarly Articles
In Near v. Minnesota, the Supreme Court added the injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgments. The prior restraint label resembles a death sentence. This article maintains that such massive retaliation is overkill.
A judge’s injunction that forbids the defendant’s tort of defamation tests Near and prior restraint doctrine because defamation isn’t protected by the First Amendment. Arguing that the anti-defamation injunction has outgrown outright bans under the prior restraint rule and the equitable Maxim that “Equity will not enjoin defamation” …
The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison
The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison
Scholarly Articles
A requirement of U.S. defamation law is that an actionable statement be factual in nature, but courts since Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), have had considerable difficulty in distinguishing factual from non-factual statements and in articulating the value of non-factual public discourse in all its diversity. This Article reviews four topics - intent, context, conjecture, and hyperbole - that have been particularly troublesome to courts. It argues for a fresh appraisal of Justice Brennan's dissenting opinion in Milkovich and brings into the conversation the works of several current political theorists on the contributions of passionate political …
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 …
"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla
"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla
Scholarly Articles
None available.
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Scholarly Articles
Not available.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
Scholarly Articles
None available.
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Scholarly Articles
None available.