Prison guard loses libel suit against prisoners' legal services; fails to show actual malice in violence report
Article Abstract:
The New York Court of Appeals ruled in Sweeney v. Prisoners' Legal Services of New York that erroneously stating that a prison guard had used excessive force without investigating the charge did not demonstrate actual malice. Walter Sweeney's libel claims against a prison legal assistance agency were subject to the heightened actual malice standards for public officials. The lower appeals court found actual malice to have been shown, but the high court asserted that some intent to avoid investigating properly must be shown to demonstrate reckless disregard for the truth.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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Two courts require evidence of actual malice in libel suits involving 'public interest' stories; alleged violations of fraud act protect lawnmower expose
Article Abstract:
The Supreme Court of New Jersey affirmed the trial and appellate court rulings in Turf Lawnmower Repair, Inc. v. Bergen Record Corp. because the plaintiff did not make the required showing to prove actual malice in his libel suit. The plaintiff was not a public figure, but all the courts found that the misdeeds alleged by the defendant newspaper to have been done by the plaintiff would constitute a violation of the NJ Consumer Fraud Act therefore making the matter one of legitimate public interest. The Court also ruled that the newspaper did not act with actual malice.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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Developer must prove malice over death of 'gooey goose.' (Alaska)(Two Courts Require Evidence of Actual Malice in Libel Suits Involving 'Public Interest' Stories)
Article Abstract:
The Alaska Supreme Court affirmed the lower court's summary judgment ruling in Mount Juneau Enterprises v. Juneau Empire that found that the plaintiff was a public figure and had failed to establish that the defendant-newspaper acted with actual malice. The libel suit was brought in response to a series of articles on the bankruptcy proceedings of a local developer. The stories did contain errors. The Court found that the developer was a public figure because he sought public approval for his tram project.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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