It's Not That Simple: An Unnecessary Elimination of Strict Liability and Presumed Damage in Libel Law
1988; Harvard Law School; Volume: 23; Linguagem: Inglês
ISSN
0017-8039
Autores Tópico(s)Legal Systems and Judicial Processes
Resumoconstitutional determinations Who is a public figure? What is actual malice? distract juries from the two fundamental questions: Is the allegedly defamatory statement true? Was the plaintiff harmed? (pp. 77-79, 111). Because of 15 Time, Inc. v. Firestone, 424 U.S. 448 (1976) (erroneous report that divorce had been granted on grounds of extreme cruelty and adultery when grounds were extreme cruelty and lack of domestication). 26 McDonald v. Smith, 472 U.S. 479 (1985). 27 Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (1971).
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