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Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states.
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Trump's opinion was supported by Supreme Court justice Clarence Thomas in various court opinions that followed. [27] Thomas expressed his opinion to reevaluate Sullivan in an opinion attached to the court's 2019 denial to hear a libel case brought by Katherine McKee, one of the women that accused Bill Cosby of sexual assault. McKee claimed ...
Gibson's Bakery filed their own appeal days later asking for review of Ohio's statutory caps on monetary damages. Gibson's argued that statutory limits on monetary damages were unconstitutional for libel and slander cases. It also appealed the trial court's decision to exclude Maggiore's expert testimony. [34]
The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. [62] An early example of libel is the case of John Peter Zenger in 1735.
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.