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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.
False light privacy claims often arise under the same facts as defamation cases, and therefore not all states recognize false light actions. There is a subtle difference in the way courts view the legal theories—false light cases are about damage to a person's personal feelings or dignity, whereas defamation is about damage to a person's ...
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.
This term was adopted by the Supreme Court in its landmark 1964 ruling in New York Times Co. v. Sullivan, [2] in which the Warren Court held that: . The constitutional guarantees require, we think, a Federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice ...
The court reversed a dismissal based upon lack of personal jurisdiction granted by the lower court. The court in this case applied the "minimum contacts" principle set forth by International Shoe and the "effects" test set forth by Calder. It held that the defendants' statements were published with the knowledge or purpose of causing harm to ...
For this reason, group libel cases are criminal even though most libel cases are civil torts. In a variety of Common Law jurisdictions, criminal laws prohibiting protests at funerals, sedition, false statements in connection with elections, and the use of profanity in public, are also often used in contexts similar to criminal libel actions ...