Court holds truth no defense when words spoken with malicious motives

Article Abstract:

The Rhode Island Supreme Court affirmed the lower court's ruling in Johnson v. Johnson that truth is not an absolute defense to libel under state law but reversed the punitive damage award because actual malice was not shown. The Court found that although the defendant's statement that the plaintiff was a whore may have been found by the jury to be truthful the malicious and harmful nature of such a statement can still be a basis for a libel claim. The Court felt that the statement was made in an emotional situation that made imposition of punitive damages improper.

Laws, regulations and rules, Exemplary damages, Punitive damages, Rhode Island

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Judge throws out damages award to Lish

Article Abstract:

The US Southern District Court of New York has ruled that Harper's Magazine violated the copyright of author Gordon Lish by publishing parts of a letter he wrote to prospective students. The court ruled, however, that Lish had not been libeled or been caused emotional distress for which he could be compensated. Originally, the court awarded Lish damages for copyright infringement, but reconsidered since Lish did not copyright the letter until after Harper's published it.

Copyright, Copyrights, Lish, Gordon

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