Posts Tagged ‘libel and defamation’

When NYT v. Sullivan was in Jeopardy: New Article Reveals Burger Court’s Internal Assault on Landmark Case

In First Amendment law the U.S. Supreme Court case, New York Times v. Sullivan (1964) is uniformly considered bedrock—the foundational First Amendment case of modern times. What many do not know is how very close the Burger Court came to cracking the Sullivan bedrock principle of “uninhibited, robust, and wide-open” freedom of expression.

Pa. newspaper prevails in defamation suit over links

Philly.com reports on ruling by 3rd Circuit that finds ‘linking to an allegedly defamatory article on the Internet does not by itself expose a publisher to charges of libel.’

Old Calif. bank-defamation law struck down

State appeals court rules 1917 law protecting banks from falsehoods and rumors violates freedom of speech and is too broad and vague.

Settle political claims at polls, not in court

North Carolina gubernatorial candidates’ claims and counterclaims about a TV campaign ad should simply be aired in public, yet both sides are making legal moves.

N.Y. bills would squelch anonymity online

Free-speech advocates are rightfully concerned: Twin proposals in the Legislature would run counter to U.S. Supreme Court rulings and American tradition.

6th Circuit rejects teacher’s ‘libel by pantomime’ claim

Kentucky teacher claimed that denial of her request for a representative at a meeting with principal violated her First Amendment rights, and that his throwing her out of the building was a form of libel.

1st Circuit revives defamation case against filmmakers

But, Reuters reports, Felipe and Juan Vicini Lluberes must prove Uncommon Productions released the documentary ‘The Price of Sugar’ knowing it included false information.

Ruling in Ill. anonymous-speech case is a win — for now

In its opinion, state appeals court notes that the standard for obtaining the identity of an online poster to a newspaper comment board is relatively low.

Tenn. inmate’s wife can pursue libel, false-light lawsuit

Marlorita Battle’s visit with her husband was featured on episode of A&E’s ‘Squad: Prison Police,’ which was examining how drugs are smuggled into prisons.

Inmate’s affiliation with gang sinks his libel claim

10th Circuit dismisses Jerry Lee Bustos’ suit against A&E, finding substantial-truth doctrine protects cable network that misidentified prisoner as Aryan Brotherhood member.

N.Y. judge says false allegation of homosexuality is defamatory

Mark Yonaty gets go-ahead to pursue libel claims against woman who said he was gay and against his former girlfriend.

Va. weekly finds it doesn’t pay to complain about libel verdict

Editorial in The Voice decrying $125,000 judgment leads to two more defamation lawsuits.

Alaska TV stations warned not to air tea-party ad

JUNEAU, Alaska — U.S. Sen. Lisa Murkowski’s campaign is warning Alaska broadcasters not to air an ad by a national tea-party group that the campaign says is “littered with lies and intentional mischaracterizations” about her and her write-in campaign.
Attorney Timothy McKeever, in a letter to broadcasters yesterday, said they are under a “legal and moral [...]

Yahoo doesn’t have to reveal e-mailer’s identity

A high school teacher cannot force Yahoo to reveal the identity of an anonymous individual who sent him disparaging e-mails, a New Jersey appeals court has ruled.
Tom Juzwiak, a high school teacher at Hightstown High School, received an e-mail on July 23, 2009, from someone called “Josh Hartnett” with the e-mail address jharthat@yahoo.com. The e-mail [...]

Blog: Wash. court rejects crane operator’s libel suit

A Washington state appeals court has dismissed the defamation claim of a crane operator against the Seattle Post-Intelligencer for revealing his criminal and drug-use history after a tragic accident.
The operator, who tested negative for drugs at the time of the accident, claimed that the article defamed him by implication by the way it juxtaposed different [...]

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