Actual Malice: Twenty-Five Years After Times v. Sullivan

Actual Malice: Twenty-Five Years After Times v. Sullivan

by W Wat Hopkins
     
 

ISBN-10: 027593246X

ISBN-13: 9780275932466

Pub. Date: 05/23/1989

Publisher: Greenwood Publishing Group, Incorporated

Published to coincide with the 25th anniversary of the landmark Supreme Court decision in New York Times v. Sullivan, which changed the face of libel law, this book is the first in-depth examination of the actual malice rule constitutionalized in that decision. The author offers a detailed evaluation of the current status of the rule and produces significant new

…  See more details below

Overview

Published to coincide with the 25th anniversary of the landmark Supreme Court decision in New York Times v. Sullivan, which changed the face of libel law, this book is the first in-depth examination of the actual malice rule constitutionalized in that decision. The author offers a detailed evaluation of the current status of the rule and produces significant new information about the history and working of libel law. He argues that, contrary to much of the scholarly criticism and opinions expressed in the popular press, the actual malice rule is working and should be retained as an integral feature of libel law. Finally, he proposes some changes which would help libel law work more smoothly and effectively. A significant addition to the body of work on libel law, this book will be an invaluable resource for students of law and journalism as well as to practicing attorneys and journalists.

Hopkins begins with an examination of the history of the actual malice rule and the definition Justice Brennan attached to the rule. He explores how the modern definition of actual malice relates to definitions accepted before 1964 and analyzes how the appellate courts have defined and applied the rule since the 1964 decision. Subsequent chapters compare Times Rule Actual Malice with common law actual malice and offer a penetrating discussion of how well the actual malice rule is working in modern libel law. Hopkins concludes that Times Rule Actual Malice is working effectively to balance the interest in robust public debate with the interest in protecting reputation.

Read More

Product Details

ISBN-13:
9780275932466
Publisher:
Greenwood Publishing Group, Incorporated
Publication date:
05/23/1989
Pages:
226
Product dimensions:
6.30(w) x 9.40(h) x 0.70(d)

Table of Contents

Preface

The Libel Revolution

New York Times Co. v. Sullivan

Actual Malice Before Times Rule

Common Law Actual Malice—Who's in the Majority?

The Supreme Court Adopts Actual Malice

The Supreme Court Applies Actual Malice

Actual Malice After Times Rule

Times Rule Actual Malice (Continued?)

Bibliography

Indexes

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >