POLI 4021 Chapter : Limitations On Speech
Document Summary
Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation: libel a tort. To publish in print (including pictures), writing or broadcast: compensatory money awarded to return the party to pre-injury. Montgomery pd that were true and some that weren"t. If the allegedly libelous words were protected otherwise, it does not lose this protection because it"s an advertisement made with actual malice . Public official must show: gertz v. welch (1974, facts: gertz sued the john birch society for a story it published in. American opinion that suggested he was a communist. While the ruling in sullivan is correct, the state interest in compensating injury to the reputation of private citizens requires a different rule. If we held otherwise, political cartoonists and satirists would be subjected to damages awards without any showing that their work falsely defamed its subject. Public official must show actual malice: outcome: unanimously voted in favor of hustler magazine.
