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Another example of libel is the case of New York Times Co. v. Sullivan (1964). The Supreme Court of the United States overruled a state court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticised Alabama officials for mistreating student civil rights activists.
Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
Second, knowingly making a false statement of fact can sometimes be punished. Libel and slander laws fall under this category. Third, negligently false statements of fact may lead to civil liability in some instances. [21] Lastly, some implicit statements of fact—those that have a "false factual connotation"—can also fall under this exception.
The second category is a subset of the first: knowingly false statements (deliberate lies). [8] This includes things like libel and slander. These sorts of statements are specifically punishable because they contain malice. [10] A third category are "negligently" false statements, which may "lead to [some] liability". [8]
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals; under English law companies are legal persons, and allowed to bring suit for defamation) [19] [20] [21] in a manner which causes them loss in their trade or profession ...
An additional example was the 1980 film The Idolmaker, based on a fictional talent promoter who discovers a talentless teenage boy and turns him into a manufactured star. Singer Fabian , whose career path was similar to the fictional singer depicted in the film, took offense at the caricature, and the production company responded by bringing up ...
The Supreme Court adopted the actual malice standard 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 ...
In Calder, a California resident in the entertainment business sued the National Enquirer, located in Florida, for libel based on an allegedly defamatory article published by the magazine. While the article was written and edited in Florida, the Court found that personal jurisdiction was properly established in California because of the effects ...