balance between freedom of expression and right to reputation, 16

Bin Mahfouz v. Ehrenfeld, 2–4

Brandeis, Louis, 7–8, 282

breach of privacy. See privacy

Brennan, Justice William, 19, 25

critical of public person test, 115

marketplace of ideas, 260

Rosenbloom v. Metromedia, Inc., 114–116

truth theory of free speech, 115

Brown, Edmund “Pat”, 282–283

Brussels Convention, 184, 301

burden of proof

Australia, 142

in civil cases, 217

England, 50–52

New Zealand, 155

private persons and media defendant, 128

United States, 50–52

Campbell, Naomi, 287–290

as public figure in US, 287

Canada

actual malice rejected, 136

Charter of Rights and Freedoms, 134

cultural values as factor, 135, 298

fair comment, 138

free speech theory, 139

Grant v. Toronto Star Newspapers, Ltd, 138–140

Hill v. Church of Scientology, 135–136

marketplace of ideas, 139

reasonable communication on matters of public interest, 139–140

reasonable journalism, 37–140

Canada (continued)

reportage, 140

right of reply, 140

truth of publication, 139

WIC Radio, Ltd. v. Simpson, 138

celebrities

as public figures, 112, 122, 122, 124–125, 130, 280

as public figures, limited application of Reynolds, 54

Charman v. Orion Group Publishing, Inc., 64

Charter of Rights and Freedoms (Canada)

Charter rights versus Charter values, 135–137

and civil litigation, 134

free speech theory, 135

freedom of expression, 134

Chesterman, Michael, 150

freedom of speech in Australia as a “delicate plant”, 150

choice of law in defamation cases, 190–197

California conflicts rules, 302

generally, 301–302

Love v. Associated Newspapers, Ltd, 301–302

clear and convincing evidence, 20, 190

compared to preponderance of evidence, 220–221

defined, 219–221

combination of Lange (2000) and Reynolds

combined privilege, 161–162

as common law privilege, 160

Meiklejohn democracy theory, 160

Mill and Holmes, truth and marketplace of ideas, 161–162