New York Libel Terrorism Act (continued)

emotional atmosphere surrounding, 250

European Convention on Human Rights, 248–249

followed by Illinois, California and Florida, 251

inflexibility, 248

long-arm jurisdiction, 245–247

pre-empted by federal law, 243

New York Times v. Sullivan, 17–21

actual malice, 21

Canadian criticism, 136–137

facts, 18–20

public officials, 19

publisher’s subjective belief as to truth or falsity, 19

Seventh Amendment right to trial by jury, 19–20

New Zealand, 151–156

appeals to Privy Council, 134, 151

common law privilege, 152

political matters, 153

freedom of expression, 151

based on autonomy, 151

journalist’s sources, 155

Lange (1998)

elected parliamentarians only, 153

review by Privy Council, 153–154

Lange (2000)

burden of proof on claimant, 155

democracy theory, 161

privilege defeated by malice, 154

responsible journalism rejected, 154

New Zealand (continued)

mild journalism, 155

statutory bill of rights, 151–152

newsworthiness

complete defence to breach of privacy, 283–284

established by journalists, 286

privacy, 282

Restatement of Torts, 212

Nicholls, Lord

Australia, 147

burdens of proofburdens of proof, 51, 51, 54–55, 142, 218, 227, 259

political speech, 46, 163

Reynolds reasonable journalism, 45–48, 163, 206, 206, 215–216

Nixon, Richard, 191, 193, 256, 282–283

O’Connor, Justice Sandra Day

Philadelphia Newspapers v. Hepps, 51, 128, 142, 142, 222–223

opinions

no constitutional privilege, 30–31

Overseas Inns, S.A.P.A. v. United States, 187

Philadelphia Newspapers v. Hepps, 142, 198, 221, 222–223

matters of public interest, 30

political speech. See Alexander Meiklejohn

encompassed by New York Times and Reynolds, 54

Meiklejohn, 8

New Zealand, 161

New York Times v. Sullivan, 19

Reynolds, 46