Discuss do you agree with how the courts have handled libel cases filed against the media, starting with the New York Times v. Sullivan decision, which required public officials to meet the difficult fault standard of actual malice in order to win a libel lawsuit against a media defendant?

see the course introduction for details about the forum requirement.
Do you agree with how the courts have handled libel cases filed against the media, starting with the New York Times v. Sullivan decision, which required public officials to meet the difficult fault standard of actual malice in order to win a libel lawsuit against a media defendant? Do you think the same legal rules should be applied to postings on Facebook, Twitter, etc.?

As you think about these questions, you might want to consider the points raised by free-speech advocate Nat Hentoff and political philosopher David Kelley in the somewhat-dated debate posted at the end of Lesson Three. Hentoff (you might recognize his name as one of the people who signed the editorial advertisement in New York Times v. Sullivan) argued that libel law is obsolete and should be abolished, while Kelley argued that libel laws should be strengthened to better protect an individual’s reputation.

Feel free also to comment about a current libel lawsuit involving the mass media. For example,

A Saudi Arabian man injured in the Boston Marathon bombings is suing Glenn Beck for accusing him of being the “money man” behind the attack (Marathon victim sues Glenn Beck for defamation). (Links to an external site.)
A libel case against Nancy Grace and her associates is moving forward after a federal judge denied a motion to dismiss the lawsuit accusing them for falsely suggesting that DNA evidence tied a suspect to a 1975 murder case (Ruling Clears Way for Skakel Libel Suit). (Links to an external site.)
ABC News is being sued for its “pink slime” investigation: ‘Pink slime’ suit could become high-stakes defamation case (Links to an external site.). Last March, a judge denied ABC’s request to dismiss the case (http://www.huffingtonpost.com/2014/03/28/abc-pink-slime-lawsuit-dismiss-denied_n_5048473.html) (Links to an external site.)and in late summer of this year, the defense subpoenaed five food writers: http://seattletimes.nwsource.com/html/businesstechnology/2024193325_apxpinkslimelawsuit.html. (Links to an external site.)
Last summer a Florida judge tossed out George Zimmerman’s libel suit against NBC in a summary judgment: Judge throws out George Zimmerman’s libel suit against NBC, (Links to an external site.)although George Zimmerman’s lawyer vows appeal in suit against NBC. (Links to an external site.)
On the other hand, last summer former Governor Jesse Ventura won his libel suit against the estate of a book author: $1.8 Million for Ventura in Defamation Case. (Links to an external site.)
Take any of these libel cases — or select another one — and discuss its merits.
i will provide the reading for this chapter later


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