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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First Amendment (continued)

summary as applied to defamation law, 189–190

text, 14

two lines of cases, 38

Fish, Stanley, 131–132

Flood v. Times Newspapers, Ltd., 106–107

forum non conveniens, 253–254, 271

forum shopping, 2, 266–268

Fourteenth Amendment, 7

making First Amendment applicable to states, 18

free speech theory

autonomy, 9

balance with right of reputation, 15–16

defamation, 98

defining out and defining in, 217–218

discovery of truth, 6, 157

European Court of Human Rights, 157

generally, 6–11

marketplace of ideas, 7, 102

reputation, 131–132

Ronald Dworkin and, 6

societal as well as individual right, 195

US Supreme Court and, 131

Gertz v. Robert Welch, Inc., 118–121, 209, 292

falsehoods necessary to avoid suppression of truth, 118

limited purpose public figure, 28, 118, 118, 124–125

necessitated hodgepodge of rules, 133

Gertz v. Robert Welch, Inc. (continued)

restored focus on status of plaintiff, 27

reversing Rosenbloom v. Metromedia, 26

Goldberg, Justice Arthur, 158

unrestrained media privilege, 158

Good Samaritan Law, 241–242

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

compared to Reynolds, 140

reasonable communication on matters of public interest, 139

reasonable journalism, 138–140

reportage, 140

Griswold v. Connecticut, 281

Hale, Baroness

in Jameel case, 53, 112, 210, 281, 285

in Naomi Campbell privacy matter, 288

Harte-Hanks Communications v. Connaughton, 31–37

common law malice as evidence of actual malice, 35

comparison with St. Amant v. Thompson, 34–35

facts, 31–33

objective evidence of subjective state of mind, 35

proof of falsity, 37

reckless disregard of the truth, 34

reportage, 58

responsible journalism, 36, 215

Reynolds, 297

hearsay evidence and reportage, 64–66