Defamation, Libel Tourism and the SPEECH Act of 2010 PDF Download

Author:
Publisher: Cambria Press
ISBN: 1621969436
Category :
Languages : en
Pages : 371

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Author: Richard E. Labunski
Publisher: Routledge
ISBN: 1351508830
Category : Law
Languages : en
Pages : 422

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Book Description
As the recent cases involving William Westmoreland and Ariel Sharon re-veal, libel suits filed against media organizations have become an increas-ingly serious problem in recent years. The potential for inhibiting news coverage or even putting a news organization out of business has never been greater. This book explores historical and contemporary issues relating to libel suits against media organizations, emphasizing the consequences of the development of libel law for the First Amendment. It also considers the spe-cial problems that broadcasters have with libel suits and their potentially in-hibiting effect on television news coverage. Labunski traces the development of libel law largely from 1964, when the Supreme Court entered the libel arena for the first time and began a twenty-year effort to develop standards that are fair to both sides. He de-scribes the hostile environment which journalists must enter when they de-fend themselves in court. He also demonstrates the complexity and inconsis-tency that have resulted from the state-by-state creation of libel standards. Labunski offers suggestions, some more easily accomplished than others, that will help us get out of the libel "morass" which twenty years of Su-preme Court activity and lower court litigation have produced. This book will be of particular value to students of the First Amendment, communica-tion scholars, working journalists, and anyone who wants to better under-stand the complex development of libel laws and the effect of libel suits on news coverage.

Author: Anthony Lewis
Publisher: Vintage
ISBN: 0307787826
Category : Political Science
Languages : en
Pages : 368

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Book Description
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.

Author: Henry Cohen
Publisher:
ISBN:
Category : Freedom of expression
Languages : en
Pages : 0

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Book Description
The First Amendment to the United States Constitution provides that "Congress shall make no law ... abridging the freedom of speech, or of the press ..." This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment -- of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." The Court has also decided that the First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television, and public employees' speech. Even speech that enjoys the most extensive First Amendment protection may be subject to "regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication." And, even speech that enjoys the most extensive First Amendment protection may be restricted on the basis of its content if the restriction passes "strict scrutiny," i.e., if the government shows that the restriction serves "to promote a compelling interest" and is "the least restrictive means to further the articulated interest."

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 152

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Author: Sanford
Publisher: Wolters Kluwer
ISBN: 0735552975
Category : Law
Languages : en
Pages : 1308

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Book Description
One of the nation's leading First Amendment attorneys provides media counsel with up-to-date information on how to avoid litigation, the andquot;public person, andquot; settlement and pretrial tactics, winning trial tactics and cost minimization techniques; with ample case analysis, including the landmark case Moldea v. New York Times Co. By Bruce W. Sanford. Libel and Privacy by Bruce W. Sanford explains how the U.S. Supreme Court is now approaching constitutional libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process In-depth treatment of andquot;public personandquot; Valuable settlement and pretrial tactics Winning trial tactics and cost minimization techniques Analysis of recent cases and new developments including those in the emerging cyber-like area Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won An illustration of the legal and factual criteria governing the measurement of damages in libel actions And more

Author: Charles J. Glasser, Jr.
Publisher: John Wiley & Sons
ISBN: 1118420497
Category : Business & Economics
Languages : en
Pages : 594

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Book Description
An indispensable survival guide for anyone in the media industry and the lawyers who serve them Especially now, in an age of instant global access through digital media, it is vitally important that journalists, authors and publishers, as well as the lawyers who serve them, be fully up on the laws governing media, worldwide. The ultimate resource for all the media content providers and purveyors, this fully updated and expanded Third Edition of the critically-acclaimed handbook offers you instant access to relevant libel and privacy laws and important legal rulings in the Europe, Asia, the Middle East and the Americas. It clearly and concisely explains risks publishers should know about prior to publication, steps they can take in order to avoid legal conflicts, and legal defences available to them in the event of a claim. Offers nation-by-nation summaries of libel and privacy law written by local practitioners in an easy-to-use reference format Expanded to include coverage of important emerging territories--Mexico, Israel, and Argentina, et al--as well as the latest libel and privacy rulings Features new chapters on emerging media markets--including Israel, Mexico, Argentina, Jordan, and others--as well as valuable updates to the Middle East section Provides updates on all major media markets and nations, along with coverage of changes in libel laws in key jurisdictions, including Australia, the UK, Hungary and Germany

Author: Dario Milo
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 394

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Book Description
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category : Law
Languages : en
Pages : 170

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Book Description
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Author: Robert M. O'Neil
Publisher: Indiana University Press
ISBN: 9780253108456
Category : Law
Languages : en
Pages : 208

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Book Description
The First Amendment and Civil Liability Robert M. O'Neil A well-known First Amendment advocate explains the new threats to free expression posed by damage suits. This book explores a highly contentious set of issues involving freedom of speech and press. Until very recently, publishers and producers have assumed that, with a few exceptions like libel, freedom of expression was absolute and safe from civil liability in the form of damage awards. In the late 1990s, these complacent assumptions were sharply challenged. The case of the Hit-Man Manual signaled the shift. After a hired assassin had been convicted of a brutal murder in a Washington, D.C. suburb, it turned out he had used a book that contained graphic, detailed instructions on how to carry out an execution. When the family of the victims sued the publisher for wrongful death, a federal appeals court ruled that the book was "not protected speech" since its apparent purpose was "to facilitate murder." The publisher was thus, for the first time, potentially liable for criminal acts committed by a reader of one of its books. Later cases, especially a suit against Natural Born Killers' producer Oliver Stone, have invoked this ruling in seeking to impose liability on those who create and distribute material that causes others to inflict injury or death. Noted First Amendment scholar Robert M. O'Neil looks at seven areas where free expression is now at risk of incurring civil liability -- libel and slander (including a separate analysis of libel on the Internet), privacy (paparazzi and others who intrude), defective or dangerous "products," incitement (the claim of a link between speech and criminal acts, as in the Natural Born Killers case), advertising, news-gathering (for example, the Food Lion/ABC Primetime Live case,) and threats and incitement on the Internet (as in the anti-abortion Nuremberg website case.) O'Neil's clear exposition and analysis illuminate the issues for a broad range of readers concerned about a host of new threats to, and the limits of, free expression.