by Russell L. Weaver* and David F. Partlett**
New York Law School Law Review | 2005/2006
* Professor of Law and Distinguished University Scholar, University of Louisville, Louis D. Brandeis School of Law.
** Vice President, Dean, and Professor of Law, Washington and Lee University School of Law.
Text: 3,772 words
… More than four decades have elapsed since the U.S. Supreme Court’s landmark decision in New York Times Co. v. Sullivan and time has given way to deeper reflection. … Sullivan involved the free speech rights of activists in the civil rights movement and the Alabama defamation law challenged in Sullivan had little salience in the vortex of that struggle. … ” Professor Eugenie Brouillet in Free Speech, Reputation, and the Canadian Balance also focuses on the Canadian approach to reputation and speech and agrees that Canada has struck a different balance than the United States. … In our article Defamation, Free Speech, and Democratic Governance, we discuss how Australia and England rejected Sullivan in favor of a speech-enhancing doctrine based on extensions of common law qualified privilege. … ” The article examines how the Australian and English extensions of common law qualified privilege affect media reporting and contrasts their impact with that of the Sullivan decision. … Professor Clive Walker in Reforming the Crime of Libel focuses on criminal libel rather than civil libel. … Today, however, they are of greater importance as we see that ideas about reputation, privacy, and free speech are fluid and subject to much practical contention. …
n48. Ehrenfeld v. Mahfouz, 2005 WL 696769 (S.D.N.Y. Mar. 23, 2005) (granting a motion to effect service of process). See also Sara Ivry, Seeking U.S. Turf for a Free-Speech Flight, N.Y. Times, Apr. 4, 2005, at C8; Dominic Kennedy, Libel and Money – Why British Courts are Choice of the World, Times (UK), May 19, 2005, at 6; Dominic Kennedy, Judge Attacks Author Over Libel Tourism Allegation, Times (UK), June 16, 2005, at 24; Alyssa A. Lappen, Libel Wars, FrontPage Mag., July 18, 2005; Jeffrey Toobin, Let’s Go: Libel, The New Yorker, Aug. 8, 2005, at 36.
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