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However, the Court subsequently rejected the notion of a First Amendment opinion privilege, in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). In Gertz, the Supreme Court also established a mens rea or culpability requirement for defamation; states cannot impose strict liability because that would run afoul of the First Amendment. This ...
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.
Dendrite International, Inc. v. Doe No. 3, 342 N.J. Super. 134, 775 A.2d 756 (App. Div. 2001), is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the company on a Yahoo message board.
Pages in category "United States defamation case law" The following 51 pages are in this category, out of 51 total. This list may not reflect recent changes. A.
The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954. [81] New Zealand law allows for the following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages.
Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), is a landmark decision by the Supreme Court of the United States in which the Court held that parodies of public figures, even those intending to cause emotional distress, are protected by the First and Fourteenth Amendments to the U.S. Constitution.
Lower courts had been relying on their standards for distinguishing expressions of opinion from statements of fact in defamation actions for several years' [citation needed] Having expected Milkovich to give them some test or standard to apply, they were caught off guard when the Supreme Court backed off.
Beauharnais v. Illinois, 343 U.S. 250 (1952), was a case that came before the United States Supreme Court in 1952. It upheld an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion".