Libel & Defamation

This weeks readings and class discussions on Libel and defamation went over cases such as New York Times v. Sullivan, and introduced other cases such as Rosenblatt v. Baer (1966). We've learned that the essence of defamation claim is to protect ones good name. According to Stewart this tort "reflects no more than our basic concept of the essential dignity and worth of every human being — a concept at the root of any decent system of ordered liberty." As I look at Libel and Defamation cases I would like to look at the specified types of libel and defamation, what it meant for the future of these types of cases, and lastly how we deal with these cases today.

New York Times V. Sullivan and its innovations

The 7 legal innovations from New York Times V. Sullivan constitutionalized libel law. While it's important to tell the truth, opinion is also protected by the first amendment. What was buried was the act of seditious libel. It affirmed the truth as an absolute defense. Ended strict liability and standard of fault. Created actual malice and public official. Actual malice requires the knowledge of falsity and has a reckless disregard for the truth. This simplified means the intent to defame ones good name is intentional.This all paved the way for the Virginia board of pharmacy in 1976. The Walker/ Butts case in 1969 was a tort extension of actual malice, and this being a case of a person who has a national acclaim and was a household name. when dealing with defaming comments, and accusations. 8 defenses could be used in either of these cases, either for or against the accused. Truth as an absolute defense, fair reporting from official privileged sources,

Libel Present Day

In today's society when dealing with libel cases its important to remember your rights, when reporting on someones name, image, and likeness. 3 safe harbors are comparative advertising. Giving information when comparing two products directly or even indirectly, as long as that information is truthful and substantial. Journalistic activity and reporting is utilized for public opinion. The public and the reporter have the right to know and report on issues and news. Non commercial uses and educational purposes. Two Supreme Court justices have recently stated that they should revisit New York Times v. Sullivan. Judges Clarence Thomas and Neil Gorsuch want to apply the ruling to social media and tech companies. The landscape of the world has changed since 1969 and social media has changed so much of the world we know. Libel cases today must be treated differently.