The end of New York Times v Sullivan: reflections on Masson v New Yorker Magazine

Article Abstract:

In Masson v New Yorker Magazine, the US Supreme Court was asked to decide a case whose outcome could end the protection against libel litigation that was established in New York Times v Sullivan. Janet Malcolm's series of stories about Jeffrey Masson utilized long sections enclosed in quotes, some of which Masson claimed were fabrications. The issue was what standard was to be used in deciding what constituted misrepresentation. The court's decision was that Malcolm's representation of Masson's words could lead a reasonable person to form an inaccurate opinion of what was actually said.

Freedom of the press, Quotations

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Dun & Bradstreet, Hepps and Milkovich: the lingering confusion in defamation law

Article Abstract:

The U.S. Supreme Court, in Milkovich v. Lorain Journal Co., in allowing a defamation action based on a media defendant's opinion statements, continued to cloud what types of speech and speakers are constitutionally protected. Although the Milkovich decision appears to put some media defendants in the same position as private defendants, that is granting less protection for speech, the decision perpetuates distinctions between public and private defendants and newsworthy and private speech. Future standards should emphasize the value of the speech and not the position of the speaker.

Freedom of speech

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Recklessly false statements in the public-employment context

Article Abstract:

Public employees who make reckless or knowingly false defamatory statements should not be protected by the First Amendment as long as the falsity or recklessness are shown by clear and convincing evidence. Courts have either chosen this per se rule or required public employers that discipline employees for such statements to prove actual harm. The per se rule paired with a heightened burden of proof will protect public employees more limited free speech rights.

United States, Public employees, Government employees

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