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Articles 31 - 42 of 42
Full-Text Articles in Communications Law
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Michigan Law Review
While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
Michigan Law Review
The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …
Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr.
Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr.
Villanova Law Review (1956 - )
No abstract provided.
Libel And Slander - Absolute Privilege - Affidavit To Support Petition To Set Aside Judgment
Libel And Slander - Absolute Privilege - Affidavit To Support Petition To Set Aside Judgment
Michigan Law Review
Judgment in a case against Dorothy Mann by the administratrix of a certain estate was rendered in April, 1934. Action to vacate this judgment was instituted in September, 1936. In May, 1936, Irving Mann, defendant in the principal case, executed an affidavit which contained libellous matter defaming the present plaintiff; this affidavit was used to support the petition to set aside the earlier judgment. Held, the defamatory affidavit would not support plaintiff's defamation action; the occasion was one of absolute privilege. Schmitt v. Mann, (Ky. 1942) 163 S. W. (2d) 281.
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Michigan Law Review
In her petition, the plaintiff alleged that she had been defamed by the defendant and claimed damages therefor. The allegations were that the defendant had executed a letter and false wage assignment and had sent them to the employer of the plaintiff, whereby the plaintiff was embarrassed and humiliated, and held up to ridicule and scorn. The lower court sustained a demurrer to the petition, and an amended petition was stricken from the files and dismissed. Held, a good cause of action had been stated. The court said: "It is not and is not claimed to be a cause …
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Michigan Law Review
A newspaper publisher reported in his papers the filing by a certain person, with executive officers of the United States, of charges that a federal employee had removed certain documents from files over which he had supervision. The filed charges were "greatly enlarged and embellished upon" by the publisher, so that the statements made in the paper amounted in themselves to charges by the publisher against the employee. There were no allegations of malice in the subsequent suit by the employee against the publisher. Held, that the right of fair comment upon matters of public interest does not extend …
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Michigan Law Review
The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …
Torts - Libel By Talking Pictures - Rasputin Case
Torts - Libel By Talking Pictures - Rasputin Case
Michigan Law Review
The motion picture production of "Rasputin The Mad Monk" portrayed an episode in which Rasputin seduced a young lady of the Russian court. Alleging that the character of the seduced was patterned after her own so that she had been defamed, the plaintiff brought an action of libel against the producers. Held, the plaintiff was entitled to damages of what, in this country, would amount to about one hundred and twenty-six thousand dollars. Youssoupov. v. M-G-M Pictures, England (1934).
Torts - Libel And Slander - Publication
Torts - Libel And Slander - Publication
Michigan Law Review
Defendant uttered words which were defamatory of the plaintiff. The statement was made to defendant's wife and defendant had no reason to believe that they would be overheard. Held, there was no publication. Springer v. Swift (S. D. 1931) 239 N. W. 171.
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Michigan Law Review
From the standpoint of the civil law of defamation it is perfectly. permissible to say what one pleases of a man when the subject of the charge is the only person present. To make the same communication to others, however, may be to invite a lawsuit; and the difference between idle gossip and legitimate interest is often the determining factor in ascertaining liability. If Smith calls Brown a thief, they two being alone, Smith cannot be held liable. If Mrs. Smith is present, he may still be immune. If the statement is made in a lodge meeting, Smith still might …
Torts--Power Of A Minicipal Corporation To Sue For Libel
Torts--Power Of A Minicipal Corporation To Sue For Libel
Michigan Law Review
Can a municipal corporation maintain an action for libel? The recent $10,000,000 libel suit instituted by the City of Chicago against the Chicago Tribune promises to become a leading case in the solution of this question. The declaration filed by the city alleged ownership of property used in city affairs and that the city purchased materials for the maintenance of such property largely upon credit. It charged that libellous statements were falsely and maliciously published by the Chicago Tribune to the effect that the city was bankrupt and could not pay its debts, with intent to destroy its credit and …