The Corporate Defamation Plaintiff in the Era of Slapps: Revisiting New York Times V
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The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection for Public Employees' Recklessly False Statements Lesile S
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1996 Don't Tip the Scales! The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection for Public Employees' Recklessly False Statements Lesile S. Blickenstaff Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Blickenstaff, Lesile S., "Don't Tip the Scales! The Actual alM ice Standard Unjustifiably Eliminates First Amendment Protection for Public Employees' Recklessly False Statements" (1996). Minnesota Law Review. 1814. https://scholarship.law.umn.edu/mlr/1814 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Note Don't Tip the Scales! The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection for Public Employees' Recklessly False Statements Leslie S. Blickenstaffl Susan Carter worked as a teacher in a public high school for five years.' Although she received some negative performance reviews, she had few conflicts during her tenure. Ms. Carter became suspicious, however, that school board members were using excess funds to finance their personal needs instead of to increase faculty salaries or to pay school debts. Ms. Carter researched school files and found no evidence to support her suspicions. She nonetheless confronted her supervisor, Mary Larkin, and accused the school board of embezzling money, cheating faculty out of compensation and lying to the school district and the public regarding the allocation of funds. -
Defamation, That Is, Comments Or Statements That Tarnish Or Destroy a Person’S Reputation in the Minds of Others
You Can’t Say That!! continued Hilary Findlay, a lawyer, and Rachel Corbett, a risk management consultant, are founders and directors of the Centre for Sport and Law. They are regular contributors to Coaches Report. In the last issue of Coaches Report, we wrote about defamation, that is, comments or statements that tarnish or destroy a person’s reputation in the minds of others. We identified the three elements that make a communication defamatory: A written or spoken communication must be made to a third person. The communication must convey a defamatory meaning or be capable of being interpreted in a defamatory manner. The defamatory meaning must be about the person bringing the allegation. We cited the case of Pliuskaitis v. Jotautas,1 in which a board member of a swim club was found by the court to have made a number of defamatory comments about the club’s coach. We explained that there is a very low threshold for a finding of defamation. In other words, it is not difficult to prove the three elements of defamation described above. Once defamation is established, the question becomes, Are the circumstances such that a defamatory communication may be legally justified or allowable? These are called “defences” to a claim of defamation and they are the focus of this article. We will also pick up the case of Pliuskaitis v. Jotautas and look at the defences put forward by the board member and see whether or not they were successful. There are four defences to a finding of defamation: consent, fair comment, justification, and qualified privilege. -
Emotional Distress with a Failed Libel Claim: the Faulty Logic of Falwell V
EMOTIONAL DISTRESS WITH A FAILED LIBEL CLAIM: THE FAULTY LOGIC OF FALWELL V. FLYNT by Elizabeth M. Campbell Some degree of abuse is inseparable from the properuse of every thing, and in no instance is this more true than in that of the press. It has accordingly been decided ... that it is better to leave a few of its noxious branches to their luxuriant growth, than by pruning them away, to injure the vigor of those yielding the proper fruits. I James Madison's remark during the Constitutional debates remains the underlying principle governing the disposition of cases involving first amendment freedom of speech issues. In order to protect and encourage robust public debate -to preserve the "marketplace of ideas"--the United States Supreme Court has interpreted the language of the first amendment liberally, placing only certain limited categories of speech outside its purview and protection. Obscenity2, child pornography3, and words that incite people to riot4 are examples of speech the Court deems unprotected. The Court also excludes libelous speech from first amendment protection. Generally, the legal system embodied in the Constitution and the Bill of Rights does not favor publication of falsities that defame or harm the reputation of others. Defamation, libel or slander is a communication that tends to harm the reputation of someone, The harm occurs when the community lowers its estimation of the defamed and the communication deters third persons from dealing or associating with him.5 Although a court finds a communication non-defamatory the plaintiff may still suffer emotional distress from the publication. The libel plaintiff may therefore opt to bring a claim for intentional infliction of emotional or mental distress. -
Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup John Rockwell Snowden University of Nebraska College of Law
Nebraska Law Review Volume 76 | Issue 3 Article 2 1997 Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup John Rockwell Snowden University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation John Rockwell Snowden, Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup, 76 Neb. L. Rev. (1997) Available at: https://digitalcommons.unl.edu/nlr/vol76/iss3/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. John Rockwell Snowden* Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup TABLE OF CONTENTS I. Introduction .......................................... 400 II. A Brief History of Murder and Malice ................. 401 A. Malice Emerges as a General Criminal Intent or Bad Attitude ...................................... 403 B. Malice Becomes Premeditation or Prior Planning... 404 C. Malice Matures as Particular States of Intention... 407 III. A History of Murder, Malice, and Manslaughter in Nebraska ............................................. 410 A. The Statutes ...................................... 410 B. The Cases ......................................... 418 IV. Puzzles of Nebraska Homicide Jurisprudence .......... 423 A. The Problem of State v. Dean: What is the Mens Rea for Second Degree Murder? ... 423 B. The Problem of State v. Jones: May an Intentional Homicide Be Manslaughter? ....................... 429 C. The Problem of State v. Cave: Must the State Prove Beyond a Reasonable Doubt that the Accused Did Not Act from an Adequate Provocation? . -
Murder - Proof of Malice
William & Mary Law Review Volume 7 (1966) Issue 2 Article 19 May 1966 Criminal Law - Murder - Proof of Malice. Biddle v. Commonwealth, 206 Va. 14 (1965) Robert A. Hendel Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Criminal Law Commons Repository Citation Robert A. Hendel, Criminal Law - Murder - Proof of Malice. Biddle v. Commonwealth, 206 Va. 14 (1965), 7 Wm. & Mary L. Rev. 399 (1966), https://scholarship.law.wm.edu/wmlr/vol7/iss2/19 Copyright c 1966 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr 1966] CURRENT DECISIONS and is "powerless to stop drinking." " He is apparently under the same disability as the person who is forced to drink and since the involuntary drunk is excused from his actions, a logical analogy would leave the chronic alcoholic with the same defense. How- ever, the court refuses to either follow through, refute, or even men- tion the analogy and thus overlook the serious implication of the state- ments asserting that when the alcoholic drinks it is not his act. It is con- tent with the ruling that alcoholism and its recognized symptoms, specifically public drunkenness, cannot be punished. CharlesMcDonald Criminal Law-MuEDER-PROOF OF MALICE. In Biddle v. Common- 'wealtb,' the defendant was convicted of murder by starvation in the first degree of her infant, child and on appeal she claimed that the lower court erred in admitting her confession and that the evidence was not sufficient to sustain the first degree murder conviction. -
Actual Malice in the Inter-American Court of Human Rights
Brigham Young University BYU ScholarsArchive Faculty Publications 2013 Actual Malice in the Inter-American Court of Human Rights Edward L. Carter Brigham Young University, [email protected] Follow this and additional works at: https://scholarsarchive.byu.edu/facpub Part of the Communication Commons BYU ScholarsArchive Citation Carter, Edward L., "Actual Malice in the Inter-American Court of Human Rights" (2013). Faculty Publications. 4799. https://scholarsarchive.byu.edu/facpub/4799 This Peer-Reviewed Article is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Faculty Publications by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. ACTUAL MALICE IN THE INTER- AMERICAN COURT OF HUMAN RIGHTS EDWARD CARTER* The Inter-American Court of Human Rights decided four cases in recent years that represent a positive step for freedom of expression in nations that belong to the Organization of American States. In 2004 and again in 2008, the court stopped short of adopting a standard that would require proof of actual malice in criminal defamation cases brought by public officials. In 2009, however, the court seemed to adopt the actual malice rule without calling it that. The court’s progress toward actual malice is chronicled in this article. The article concludes that the court’s decision not to explicitly use the phrase “actual malice” may be a positive development for freedom of expression in the Americas. Since its inception in 1979, the Inter-American Court of Human Rights, based in San José, Costa Rica, has moved to protect freedom of expression under the American Convention on Human Rights. -
Rehabilitating a Federal Supervisor's Reputation Through a Claim
Title VII and EEOC case law have created an almost blanket protection for defamatory statements made in the form of allegations of harassment or discrimination in the federal workplace. In this environment, federal supervisors would do well to exercise caution before resorting to the intui- tive remedy of a defamation claim. Although there are some situations where an employee may engage in action so egregious that a claim of defamation is a good option, one cannot escape the fact that supervisory employment in the federal workplace comes with an increased risk of defamatory accusations for which there is no legal remedy. BY DANIEL WATSON 66 • THE FEDERAL LAWYER • OCTOBER/NOVEMBER 2014 Rehabilitating a Federal Supervisor’s Reputation Through a Claim of Defamation ohn Doe is a supervisor for a federal and demeaning insults he was alleged to have yelled at Jane agency. As he was leaving the office one Doe, and sex discrimination for his refusal to publish her work. Outraged at the false accusation, John immediately called Jnight, a female subordinate, Jane Doe, Jane into his office and asked her how she could have lied. Did stopped and asked why her work product she not know it was illegal to lie about that type of behavior? Jane responded by accusing John of retaliation. A week after had not received approval for publication. the incident, while speaking to a coworker, John Doe discov- He attempted to explain that he had already ered that the coworker had overheard the entire conversation documented his critique via e-mail and that between John and Jane and would swear to the fact that Jane was lying about what was said. -
Introductory Note 22:1 Libel Or Slander Per Se
CHAPTER 22 DEFAMATION (LIBEL AND SLANDER) Introductory Note 22:1 Libel or Slander Per Se — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern — Elements of Liability 22:2 Libel or Slander Per Quod — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern — Elements of Liability 22:3 Reckless Disregard Defined — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern 22:4 Libel or Slander Per Se — In a Private Matter Where Plaintiff Is a Private Person — Elements of Liability 22:5 Libel or Slander Per Quod — In a Private Matter Where Plaintiff Is a Private Person — Elements of Liability 22:6 Incremental Harm 22:7 Published — Defined 22:8 Defamatory — Defined 22:9 About the Plaintiff — Defined 22:10 Determination of Meaning of Statement — How Understood by Others 22:11 Determination of Meaning of Statement — Publication to Be Considered as a Whole 22:12 Determination of Meaning of Statement — Publication to Be Considered In Light of Surrounding Circumstances 22:13 False — Defined 22:14 Special Damages — Defined 22:15 Actual Damage — Defined 22:16 Affirmative Defense — Substantial Truth 22:17 Affirmative Defense — Absolute Privilege 22:18 Affirmative Defense — Qualified Privilege — When Lost 22:19 Affirmative Defense — Privilege to Report Official or Public Meeting Proceedings 22:20 Affirmative Defense — Privilege to Provider of Means of Communication 22:21 Affirmative Defense — Fair Comment 22:22 Affirmative Defense — Consent 22:23 Affirmative Defense — Statute of Limitations 22:24 Repetition by Third Persons as an Element of Damages 22:25 Damages — Recovery of 22:26 Circumstances That Mitigate Damages 22:27 Exemplary or Punitive Damages 2 Introductory Note 1. -
A Grinchy Crime Scene
A Grinchy Crime Scene Copyright 2017 DrM Elements of Criminal Law Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary depending on the crime. The basic components of an offense are listed below. Generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intention – either purpose, knowledge, or recklessness – with regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. The basic components include: 1. Mens rea refers to the crime's mental elements of the defendant's intent. This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense. In general, guilt can be attributed to an individual who acts "purposely," "knowingly," "recklessly," or "negligently." 2. All crimes require actus reus. That is, a criminal act or an unlawful omission of an act, must have occurred. A person cannot be punished for thinking criminal thoughts. -
Defamation and the Right of Privacy
Vanderbilt Law Review Volume 15 Issue 4 Issue 4 - October 1962 Article 4 10-1962 Defamation and the Right of Privacy John W. Wade, Dean Vanderbilt Law School Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Privacy Law Commons, and the Torts Commons Recommended Citation John W. Wade, Dean, Defamation and the Right of Privacy, 15 Vanderbilt Law Review 1093 (1962) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss4/4 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Defamation and the Right of Privacy JOHN W. WADE* In this article Dean Wade discusses the scope of the tort of un- warranted invasion of the right of privacy, comparing and contrasting it with the tort of defamation. He observes that the action for invasion of the right of privacy may come to supplant the action for defamation and that this development should be welcomed by the courts and writers. Finally, he concludes that the whole law of privacy may someday be- come a part of the larger, more comprehensive tort of intentional in- fliction of mental suffering. I. INTRODUOTMON The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. -
ASSAULT the Defendant Is Charged with Having Committed
Page 1 Instruction 6.120 2009 Edition ASSAULT ASSAULT The defendant is charged with having committed an assault upon [alleged victim] . Section 13A of chapter 265 of our General Laws provides that “Whoever commits an assault . upon another shall be punished . .” An assault may be committed in either of two ways. It is either an attempted battery or an immediately threatened battery. A battery is a harmful or an unpermitted touching of another person. So an assault can be either an attempt to use some degree of physical force on another person — for example, by throwing a punch at someone — or it can be a demonstration of an apparent intent to use immediate force on another person — for example, by coming at someone with fists flying. The defendant may be convicted of assault if the Commonwealth proves either form of assault. In order to establish the first form of assault — an attempted battery — the Commonwealth must prove beyond a reasonable doubt that the defendant intended to commit a battery — that is, a harmful or an unpermitted touching — upon [alleged victim] , took some overt step Instruction 6.120 Page 2 ASSAULT 2009 Edition toward accomplishing that intent, and came reasonably close to doing so. With this form of assault, it is not necessary for the Commonwealth to show that [alleged victim] was put in fear or was even aware of the attempted battery. In order to prove the second form of assault — an imminently threatened battery — the Commonwealth must prove beyond a reasonable doubt that the defendant intended to put [alleged victim] in fear of an imminent battery, and engaged in some conduct toward [alleged victim] which [alleged victim] reasonably perceived as imminently threatening a battery. -
Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege
Missouri Law Review Volume 30 Issue 3 Summer 1965 Article 5 Summer 1965 Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege James E. Taylor Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation James E. Taylor, Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege, 30 MO. L. REV. (1965) Available at: https://scholarship.law.missouri.edu/mlr/vol30/iss3/5 This Comment is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Taylor: Taylor: Constitutional Limitations 19651 COMMENTS CONSTITUTIONAL LIMITATIONS ON THE DEFENSES OF FAIR COMMENT AND CONDITIONAL PRIVILEGE New York Times Co. v. Sudlivaen I. INTRODUCTION The main purpose of this comment is to explore the effect of the United States Supreme Court's decision on the law of defamation in general, and the law of fair comment and conditional privilege in particular.2 This comment con- siders the Constitutional aspects of the Sullivan case only insofar as is necessary to explain the reasons for the court's decision. Although the case deals with public officials, and not candidates for office, because the two appear to be so analogous, and because the constitutional guarantees of freedom of speech and press seem to be equally applicable, 'both have been considered in this article.a On March 29, 1960, a full page advertisement was carried in the New York Times entitled "Heed Their Rising Voices." The advertisement began by noting the peaceful non-violent demonstrations in which southern negro students were participating, and then described in some detail the "unprecedented wave of ter- ror" with which these demonstrations had been met.