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 |
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 |
European Court of Human Rights, 157 |
generally, 6–11 |
reputation, 131–132 |
Ronald Dworkin and, 6 |
societal as well as individual right, 195 |
US Supreme Court and, 131 |
falsehoods necessary to avoid suppression of truth, 118 |
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 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 |
Reynolds, 297 |
hearsay evidence and reportage, 64–66 |