Defamation, Libel Tourism and the SPEECH Act of 2010:  The First Amendment Colliding with the Common Law
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Defamation, Libel Tourism and the SPEECH Act of 2010: The First ...

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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

assumption of the risk, 105, 118, 130, 159, 283

Australia, 141–150, 270

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

reasonable publication, 142, 145

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

private figureprivate figure, 118, 118, 211–213

Baker, C. Edwin

liberty theory of free speech, 9–11

Bakhshandeh v. American Cyanamid Co., 188