Download or read book Reckless Disregard written by Eric P. Robinson and published by LSU Press. This book was released on 2018-12-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years following the landmark United States Supreme Court decision on libel law in New York Times v. Sullivan, the court ruled on a number of additional cases that continued to shape the standards of protected speech. As part of this key series of judgments, the justices explored the contours of the Sullivan ruling and established the definition of “reckless disregard” as it pertains to “actual malice” in the case of St. Amant v. Thompson. While an array of scholarly and legal literature examines Sullivan and some subsequent cases, the St. Amant case—once called “the most important of the recent Supreme Court libel decisions”—has not received the attention it warrants. Eric P. Robinson’s Reckless Disregard corrects this omission with a thorough analysis of the case and its ramifications. The history of St. Amant v. Thompson begins with the contentious 1962 U.S. Senate primary election in Louisiana, between incumbent Russell Long and businessman Philemon “Phil” A. St. Amant. The initial lawsuit stemmed from a televised campaign address in which St. Amant attempted to demonstrate Long’s alleged connections with organized crime and corrupt union officials. Although St. Amant’s claims had no effect on the outcome of the election, a little-noticed statement he made during the address—that money had “passed hands” between Baton Rouge Teamsters leader Ed Partin and East Baton Rouge Parish deputy sheriff Herman A. Thompson—led to a defamation lawsuit that ultimately passed through the legal system to the Supreme Court. A decisive step in the journey toward the robust protections that American courts provide to comments about public officials, public figures, and matters of public interest, St. Amant v. Thompson serves as a significant development in modern American defamation law. Robinson’s study deftly examines the background of the legal proceedings as well as their social and political context. His analysis of how the Supreme Court ruled in this case reveals the justices’ internal deliberations, shedding new light on a judgment that forever changed American libel law.
Download or read book The Making of the Modern Law of Defamation written by Paul Mitchell and published by Bloomsbury Publishing. This book was released on 2005-07-31 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.
Download or read book The Making of the Modern Law of Defamation written by Paul Mitchell and published by . This book was released on 2005 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of defamation is frequently criticised for being outdated, obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, i.
Download or read book Defamation Law 1e written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Make No Law written by Anthony Lewis and published by Vintage. This book was released on 2011-04-20 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Download or read book The Law of Defamation and the Internet written by Matthew Collins and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matthew Collins presents a comprehensive study of the application of defamation laws in the United Kingdom and Australia to material published via the Internet.
Download or read book A Modern View of the Law of Torts written by J. S. Colyer and published by Elsevier. This book was released on 2014-05-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.
Download or read book Religious Offence and Human Rights written by Lorenz Langer and published by Cambridge University Press. This book was released on 2014-07-10 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should offence to religions be punishable by law, or does freedom of expression extend even to blasphemy? This book examines this question.
Download or read book Reputation and Defamation written by Lawrence McNamara and published by OUP Oxford. This book was released on 2007-12-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposition that the tort of defamation protects reputation has long been axiomatic in the law. The axiom's endurance is surprising: it has long been observed that the law is riddled with inconsistencies and, moreover, the courts and the scholarly literature have rarely discussed exactly what reputation is and how judgments about reputation are made. Reputation and Defamation develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. It is the first book to present a comprehensive study of what reputation is, how it functions, and how it is and should be protected under the law. Reputation, it argues, is best understood in terms of the moral judgments a community makes about its members. Viewed in this way it becomes apparent, contrary to the legal orthodoxy, that defamation law did not really aim and function to protect reputation until the early nineteenth century. Unfortunately, the modern common law has not paid sufficient attention to either the nature of reputation or the historical relationship between reputation and defamation. Consequently, the tests for what is defamatory do not always protect reputation adequately or appropriately. The 'shun and avoid' and 'ridicule' tests have developed so that a publication may be actionable even where it does not tend to prompt a negative moral judgment of the plaintiff. These tests should be discarded. The principal 'lowering the estimation' test, however, is for the most part appropriately geared to the protection of reputation. Importantly, the scope of legal protection has been limited. Words will only be actionable if they tend to make 'right-thinking' people think the less of the plaintiff. The values of Christian tradition and Victorian moralism which became embedded in the concept of 'the right-thinking person' are problematic in the current era of moral diversity. A revised legal framework is proposed. It retains the principal test but re-thinks how and why different criteria for moral judgment should - or should not - be recognised when courts determine whether an attack on reputation will be actionable as defamation. It is argued that 'the right-thinking person' should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity. The proposed framework demands that when courts recognise values at odds with that premise then such recognition must be justified on sound and expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.
Download or read book A History of Tort Law 1900 1950 written by Paul Mitchell and published by Cambridge University Press. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first historical treatment of tort law in England during a formative period of its development.
Download or read book Freedom of expression and defamation written by Tarlach McGonagle and published by Council of Europe. This book was released on 2016-09-01 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.
Download or read book Writing in Public written by Trevor Ross and published by JHU Press. This book was released on 2018-11-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of literary writing in democratic society? Building upon his previous work on the emergence of “literature,” Trevor Ross offers a history of how the public function of literature changed as a result of developing press freedoms during the period from 1760 to 1810. Writing in Public examines the laws of copyright, defamation, and seditious libel to show what happened to literary writing once certain forms of discourse came to be perceived as public and entitled to freedom from state or private control. Ross argues that—with liberty of expression becoming entrenched as a national value—the legal constraints on speech had to be reconceived, becoming less a set of prohibitions on its content than an arrangement for managing the public sphere. The public was free to speak on any subject, but its speech, jurists believed, had to follow certain ground rules, as formalized in laws aimed at limiting private ownership of culturally significant works, maintaining civility in public discourse, and safeguarding public deliberation from the coercions of propaganda. For speech to be truly free, however, there had to be an enabling exception to the rules. Since the late eighteenth century, Ross suggests, the role of this exception has been performed by the idea of literature. Literature is valued as the form of expression that, in allowing us to say anything and in any form, attests to our liberty. Yet, paradoxically, it is only by occupying no definable place within the public sphere that literature can remain as indeterminate as the public whose self-reinvention it serves.
Download or read book Reputation Celebrity and Defamation Law written by David Rolph and published by Routledge. This book was released on 2016-04-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking Robert Post's seminal article 'The Social Foundations of Reputation and the Constitution' as a starting point, this volume examines how the concept of reputation changes to reflect social, political, economic, cultural and technological developments. It suggests that the value of a good reputation is not immutable and analyzes the history and doctrines of defamation law in the US and the UK. A selection of Australian case studies illustrates different concepts of defamation law and offers insights into their specific nature. Drawing on approaches to celebrity in media and cultural studies, the author conceptualizes reputation as a media construct and explains how reputation as celebrity is of great contemporary relevance at this point in the history of defamation law.
Download or read book Landmark Cases in Defamation Law written by David Rolph and published by Bloomsbury Publishing. This book was released on 2019-08-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.
Download or read book Street on Torts written by Christian Witting and published by Oxford University Press. This book was released on 2021 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Street on Torts' provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations.
Download or read book Defamation Libel Tourism and the SPEECH Act of 2010 written by and published by Cambria Press. This book was released on with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
