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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privacy (continued)

First Amendment implications, 280, 285–286

four categories, 282

Lee, Pamela (Anderson), 285

newsworthiness, 282–283, 286

Prosser, William, 282

state law, 282

private persons

effect of Reynolds, 54, 105

invite attention and comment, 119

no assumption of risk, 119

protected under First Amendment, 29, 105, 124

protected by Gertz, 120

Prosser, William, 282

public figures. See also public persons

ability to respond, 123

Brian Donlevy as, 125

Britney Spears as, 122

celebrity gossip, 112, 122, 130

compared to content based approach, 101

criticism, 123–124

Curtis Publishing v. Butts, 21–22, 123

free speech theory, 122, 129

as function of celebrity alone, 125–126

Johnny Carson as, 122

limited effect of Reynolds, 54

limited purpose public figures under Gertz, 28, 132

marketplace of ideas, 130–131

misinterpretation of test, 124

Pamela Lee (Anderson), 285

Paris Hilton as, 122

pervasive involvement, 125

political activities, 122–123

public figures (continued)

right of privacy, 120, 130, 284

Ronald Reagan as, 125

public interest

compared to public person, 105

public officials

actual malice, 19

discretionary authority test, 110–111

elected officials, 110

and First Amendment, 18–21

former officials, 111

public person. See also public officials and public figures

access to media, 105

assumption of the risk, 105

overlap with matters of public interest, 210–211

privacy, 281–287

purposeful abandonment of First Amendment, 193–194, 199, 257, 271

Reagan, Ronald (President), 125, 159

reasonable journalism

decided by judge, 54

Flood v. Times Newspapers, Ltd, 106–107

Grant v. Toronto Star Newspapers Ltd, 138–140

not a checklist test, 48

Reynolds factors, 47–48

in US after Harte-Hanks v. Connaughton, 36

reckless disregard of the truth

change of quotations as constituting, 41

Cobb v. Time, Inc., 42

expert testimony of professional standards, 35, 39, 41