The Right to Speak Ill,9780890894897

The Right to Speak Ill

by ; ; ;
ISBN13: 9780890894897
ISBN10: 0890894892
Format: Hardcover
Pub. Date: 2006-01-01
Publisher(s): Carolina Academic Press
  • Free Shipping Icon

    This Item Qualifies for Free Shipping!*

    *Excludes marketplace orders.

List Price: $52.27

Buy New

Usually Ships in 5-7 Business Days
$52.22
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Buy from our Marketplace starting at $49.50

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Based on empirical research involving interviews with defamation lawyers, as well as journalists, editors, and producers, this book provides a comparative examination of defamation liability standards and their impact on the media's ability to report on matters of public examination. The interviews span a twelve-year time frame during which there were significant developments in the affected countries (Australia, the United States and Great Britain) including extensions of qualified privilege in the Reynolds (Great Britain) and Lange (Australia) decisions.

Author Biography

Russell L. Weaver is a professor and Distinguished University Scholar at the University of Louisville Louis D. Brandeis School of Law. Andrew T. Kenyon is the Director of the Centre for Media and Communications Law and a member of the University of Melbourne Faculty of Law. David F. Partlett is the Dean and a professor of law at Washington and Lee University School of Law. Clive P. Walker is the Head of School and professor of Criminal Justice Studies at the University of Leeds School of Law.

Table of Contents

Preface xiii
Chapter 1 Introduction 3(14)
Chapter 2 The Common Law Tradition 17(18)
A. Libel, Slander and Procedure
18(3)
B. The Plaintiff's Case
21(4)
C. The Defendant's Case
25(10)
1. Justification
25(3)
2. Fair Comment
28(3)
3. Privileges
31(4)
Chapter 3 U.S. Defamation Law and the New York Times Decision 35(42)
A. From the Framing to Garrison and New York Times: Early U.S. Libel Decisions
35(4)
1. Incorporation
36(1)
2. Defamation as Unprotected Speech
36(3)
B. The Constitutionalization of Defamation: New York Times Co. v. Sullivan
39(10)
1. The Facts
39(4)
2. The Decision
43(6)
C. Post-Sullivan Refinements
49(17)
1. Further Definition of the "Public Official" Concept
50(1)
2. The "Public Figure" Concept
51(2)
3. "Private Individuals"
53(8)
4. Distinguishing "Public Figures" from Private Individuals
61(5)
D. Rejection of the "Public Interest" Standard
66(2)
E. Application of the "Actual Malice" Standard
68(6)
F. Fact v. Opinion
74(1)
G. Conclusion
75(2)
Chapter 4 1990's Australian and English Developments 77(54)
A. The Australian Free Speech Decisions and Lange
77(13)
1. Pre-Lange Defamation Law
78(2)
2. The Theophanous Decision
80(2)
3. The Lange Decision
82(5)
4. Other Developments Related to the Law of Libel
87(2)
5. Conclusions on Lange
89(1)
B. Reynolds and the English Extension of Qualified Privilege
90(41)
1. Developments Pre-Reynolds
90(9)
2. The Reynolds Development
99(12)
3. Measuring Up to the Human Rights Act 1998
111(9)
4. Other Developments Related to the Law of Libel
120(7)
i. Data Protection Laws
120(4)
ii. Press Complaints Commission
124(3)
5. Conclusions Regarding Reynolds
127(4)
Chapter 5 Interview Results: England and Australia Prior to Qualified Privilege Extensions 131(52)
A. Pre-Reynolds English Interviews
131(19)
1. The External Perception: England's Tabloid Press
131(7)
2. The English Interviews
138(12)
i. Threats of Suits
139(1)
ii. Post-Publication Suits and Threats of Suits
139(2)
iii. Insurance
141(1)
iv. Participation of Lawyers in the Editorial Process
141(1)
v. The Role of Lawyers and the "Legally Admissible Evidence" Standard
142(1)
vi. The Impact of the "Legally Admissible Evidence" Standard
143(1)
vii. Hypothetical English Watergate
144(2)
viii. Possible Effects of the English Standards—Cost-Benefit Calculations or More Balanced Reporting?
146(1)
ix. Regional Newspapers
147(1)
x. Ability to Report on Political Figures
148(1)
xi. The Role of Privileges for Reporting Parliaments and Courts
149(1)
xii. Ability to Report the Public Interest
150(1)
B. The Australian Interviews: Pre-Lange
150(30)
1. Threats of Suit
151(1)
2. The Rate of Defamation Litigation
152(3)
3. Responses to Threats of Suit: Pre-Publication
155(1)
4. Responses to Post-Publication Suits and Threats of Suits
156(2)
5. Insurance
158(1)
6. The Motivations of Defamation Plaintiffs
159(2)
7. Participation of Lawyers in the Editorial Process
161(2)
8. The Role of Lawyers in the Editorial Process: Privileges and "Legally Admissible Evidence"
163(2)
9. The Impact of the "Legally Admissible Evidence" Standard on Reporting
165(4)
10. The Media and Particularly Litigious Individuals
169(4)
11. A Resourceful Media
173(2)
12. Ability to Report the Public Interest
175(1)
13. A Hypothetical Australian "Watergate"
176(1)
14. Australia's Cost Rules
177(3)
C. Preliminary Conclusions: Regarding the Australian and English Media
180(3)
Chapter 6 The American Interviews: The Impact of New York Times Co. v. Sullivan and the "Actual Malice Standard" 183(18)
A. Suits and Threats of Suit
185(3)
B. Responses to Suits and Threats of Suits: Pre-Publication
188(1)
C. Responses to Threats of Suits: Post-Publication
189(1)
D. Insurance
189(1)
E. The Motivations of Defamation Plaintiffs
190(1)
F. Lawyers and the Editorial Process
190(1)
G. The Lawyer's Perspective in the Editorial Process
191(2)
H. Particularly Litigious Individuals
193(1)
I. Suits by Politicians
194(1)
J. Suits by Police and Governmental Officials
194(1)
K. Resourceful Media
195(1)
L. Ability to Report the Public Interest
195(4)
M. Cost Rules
199(1)
N. Conclusions
200(1)
Chapter 7 Interview Results: Australia Following Extensions to Qualified Privilege 201(14)
A. Theophanous
201(3)
B. Lange: Immediate Effects
204(3)
C. Lange: Six Years On
207(6)
1. Impact on the Pace of Litigation
207(1)
2. Suits by Politicians
208(1)
3. Suits by Police and Governmental Officials
209(1)
4. Lawyers and the Editorial Process
209(1)
5. Impact on Pre-Publication Advice
210(1)
6. Uncertainties about Lange's Meaning and Application
211(1)
7. Privileges and Legally Admissible Evidence
211(1)
8. Impact on the Media's View of "Extremely Litigious Individuals"
212(1)
9. The Continuing Impact of the Costs Rule
212(1)
10. Additional Concerns
212(1)
D. Conclusion
213(2)
Chapter 8 Interview Results: Reynold's Impact on the English Media 215(28)
A. Threats of Suit
215(2)
B. The Rate of Defamation Litigation
217(2)
C. Responses to Threats of Suit: Pre-Publication
219(1)
D. Responses to Post-Publication Suits and Threats of Suits
220(1)
E. Insurance
221(1)
F. The Motivations of Defamation Plaintiffs
221(1)
G. Participation of Lawyers in the Editorial Process
222(1)
H. Reynolds and the "Legally Admissible Evidence" Standard
223(3)
I. Ability to Report the Public Interest
226(1)
J. Concerns About Reynolds
227(6)
K. Reynolds and Particularly Litigious Individuals
233(1)
L. Suits by Governmental Officials
234(1)
M. Data Protection Laws
235(1)
N. A Hypothetical English "Watergate"
236(1)
O. Court Cost Rules
237(3)
P. Conclusion
240(3)
Chapter 9 Conclusions: Defamation, Free Speech and Reputation in Democratic Societies 243(50)
A. The Common Law Approach
245(1)
B. The New York Times "Actual Malice" Standard
246(20)
1. Does Sullivan Spawn Costly Litigation That Intrudes into Editorial Processes?
247(5)
2. Large Damage Claims and Large Awards
252(3)
3. Little Protection for Reputation
255(1)
4. An "Irresponsible" Media?
256(3)
5. Sullivan's Focus on Plaintiff's Status is Misdirected
259(6)
6. Conclusions about "Actual Malice"
265(1)
C. The Lange Approach
266(6)
1. Is Litigation under Lange Complex and Intrusive?
267(3)
2. Cost Rules and Plaintiff and Defendant Legal Expertise
270(1)
3. A Focus on "Political Communication" not Plaintiff Status
271(1)
D. The Reynolds Approach
272(17)
1. Focus on the Public Interest
275(1)
2. Complexity and Uncertainty
276(1)
3. Regulation of the "Tone" of Allegations
277(3)
4. Impact of Cost Rules
280(1)
5. Pre-Publication Restraints
281(1)
6. Conclusions about the Reynolds Approach
282(7)
E. Conclusion: A Final Tally and Alternative Approaches
289(4)
Bibliography 293(12)
Table of Cases 305(6)
Index 311

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.