This is a limited free preview of this book. Please buy full access.
Index
Ackermann v. Levine, 186–187 |
actual malice |
compared to reasonable journalism, 211–216 |
compared to traditional malice, 20 |
constitutional malice, 20 |
definition, 19 |
Harte-Hanks Communications v. Connaughton, 31–36 |
Murphy v. Boston Herald, Inc, 40–41 |
New York Times v. Sullivan, 19–20 |
privacy law, 283 |
public figures, 114 |
public officials, 19 |
reckless disregard of the truthreckless disregard of the truthreckless disregard of the truth, 20, 20, 20, 34–35, 38–40 |
St. Amant v. Thompson, 22–24 |
Time, Inc. v. Hill, 283 |
Alien Tort Claims Act (US), 265–266 |
absence of bill of rights, 141 |
analogy to First Amendment, 141–142 |
common law & constitutional privilege, 142–143 |
Defamation Act 1974 (NSW), 145 |
impact of Reynolds, 147 |
section 22 defence of reasonableness, 145–146 |
Australia (continued) |
Defamation Act 2005 (NSW), 143 |
honest opinion, 150 |
qualified privilege defeated by malice, 149–150 |
section 30 qualified defence, 149–150 |
section 30(3) reasonableness definition, 149–150 |
democracy theory of free speech, 141 |
implied right of freedom of speech, 141 |
Lange Australian Broadcasting Corp, 143–145 |
Lange privilege, 144–145 |
malice, 148 |
Morgan v. John Fairfax & Sons, Ltd., 146–147 |
reasonableness test onerous, 146–147 |
reckless indifference to the truth, 141–142 |
Theophanous v. Herald & Weekly Times, Ltd, 141–143 |
Bachchan v. India Abroad Publications, Inc., 197–199 |
comity rejected, 198–199 |
Baker, C. Edwin |
liberty theory of free speech, 9–11 |
Bakhshandeh v. American Cyanamid Co., 188 |