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Strategic Lawsuit Against The New York Times

854 Words4 Pages

The development of the internet has allowed millions of people access to publish their own thought and feelings about anything. When a person speaks about a third party, whether it be verbal or written, they have opened themselves up to defamation suits. Defamation occurs when a false statement has been made about a third party that damages their reputation. Defamation has made alterations in that definition so it can pertain to the internet. Most internet users think that they are safe because they have freedom of expression and are anonymous behind their screens, but in certain cases they can be revealed. In the United States defamation has changed throughout the years. A libel suit was treated like that of any other for countries that …show more content…

Sullivan oversaw the police department and was alleged to have created a “wave of terror.” The stance Sullivan took in his suit was that the ad had inaccurate information in it. The ad was proven to be incorrect therefore causing libel. This is the first time fact or fiction was taken into consideration, changing defamation thereafter. The New York Times was a large company and acted fairly in the suit, but not all happen like that. Strategic Lawsuit Against Public Participation (i.e., SLAPP) generally consists of large companies “(using) the threat of a prolonged legal battle to intimidate legitimate critics” (Packard, 2013). There are several states who have enacted Anti-SLAPP laws to prevent this from happening because the person who cannot afford the court costs usually drops the case due to fees. An example of an Anti-SLAPP case is Rahbar v. Batoon …show more content…

There are two categories that public figures fall under; all purpose and limited. An all-purpose figure is someone that holds power, influence or participates in continuing news value (Lee & Middleton). Limited public figures cause controversy and push themselves into being a public figure. Public figures have a longer reach than private citizens and better ways of defending themselves. “Public figures must prove with clear and convincing evidence that the defendant acted with malice,” (Packard, 2013). The internet aids in determining if something is true of

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As Holmes had stated there are other forms that are not protected which are known as lewd, obscene, profane, libelous, and insulting words. The case Chaplinsky v New Hampshire in 1942 determined that fighting words and other forms of speech are not protected by the First Amendment. Chaplinsky had argued that the New Hampshire law violated his Fourteenth Amendment which prohibits states from infringing on citizens’ fundamental freedoms and as a result, kept him from exercising his First Amendment rights of free speech. While states are not allowed to inhibit expression of ideas, the Court did not convict him for the expression of his ideas but because his words (calling religion a ‘racket’ and a city marshal ‘damned racketeer’ and ‘damned fascist’)

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Who would have guessed that the publishing of a ten-paragraph full-page ad, titled “Heed Their Rising Voices,” printed on page 25 of the March 29, 1960, New York Times, would not only forever change libel law in the United States, but also cause the Supreme Court to set the precedent in defense of press freedom? Given the contentious history of free expression, from the Sedition Act of 1798 to the repressive legislation of the World War 1 era, not many would have predicted the case of New York Times v. Sullivan to make a lasting impact on the way the courts interpret the phrase, “Congress shall make no law… prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.” However, the words “no law . . . abridging

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