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

Defamation, Libel Tourism and the SPEECH Act of 2010: The First ...

Read
image Next

This is a limited free preview of this book. Please buy full access.


Lee, Pamela, 285, 287

Lester, Lord, 218

libel. See defamation

libel terrorism, x, 2, 4, 242, 245, 266

libel tourism, ix–xi, 1–2, 179, 181, 227, 241–242, 254, 258, 262, 265, 269–271, 280, 298

conflict of laws, choice of laws, 301–303

liberty theory of free speech, 10–11

alternative to marketplace of ideas, 10

limited purpose public figures, 27–29

chronic uncertainty, 121, 132

created by Gertz, 120

definition, 120

more numerous than public figures, 120

long-arm jurisdiction

New York, 4, 245

New York Libel Terrorism Act, 247

Speech Act, 253–254

Loutchansky v. Times Newspapers, Inc., 48–49

Love v. Associated Newspapers, Ltd., 301–302

Madison, James, 110

malice

Australia, 148

common law, 20

fair comment, 148–149

recklessness constituting, 154

usually foreclosed by reasonable journalism finding, 48–49

marketplace of ideas

in Canada, 135, 139

central role in First Amendment, 108

marketplace of ideas (continued)

Holmes and Brandeis, 7–8

marketplace distortions, 114

Reynolds, 98

Marshall, Justice Thurgood, 117, 121, 154

matter of public interest

Baroness Hale in Jameel, 53

for court to decide, 51

determined by extent of dissemination, 127

private credit report, 126–127

Rosenbloom v. Metromedia, Inc, 25–26

Meiklejohn, Alexander

democracy theory of free speech, 8, 11, 11, 98–99, 108, 116–117, 133, 141, 144, 152, 158, 160, 162, 260

Mexican divorces and comity, xi–xii

Mill, John Stuart, 6–7, 99, 116, 161

celebrity gossip, 130

discovery of truth free speech theory, 6, 161

limitations of truth theory, 105, 109

public figures, 112–113

right of reply, 109

Mosley, Max, 289–290

Murphy v. Boston Herald, Inc., 40–41

reckless disregard of the truth, 40–41, 43, 215

neutral reportage. See reportage

New York Libel Terrorism Act

balancing of interests, 249

denial of comity, 246–251

Desai v. Hersh, 249