For the United States, the laws that control libel and slander first began to take shape even before the colonies gained their independence from Britain. One of the most famous American cases involved New York publisher John Peter Zenger, who was imprisoned in 1734 for printing political attacks against the colonial governor of New York. Zenger's lawyer established a legal precedent by arguing successfully that truth is an absolute defense in libel cases. Up until then, it had never mattered much whether the allegedly libelous statements about someone were true or false. Since the Zenger case, however, someone can sue successfully for libel only if the defamatory information is proven to be false.
The Zenger case established another precedent that remains in place today. Libel cases, which are part of civil (rather than criminal) courtroom proceedings, may be heard by juries, and it is up to the jury to decide whether a publication has printed libelous information about someone. If so, it is also up to the jury to decide how much the libeled individual has suffered and what kind of monetary damages he or she is entitled to receive as compensation. In the United States today, about 90 percent of all libel trials are heard before juries.
The 18th-century framers of the U.S. Constitution guaranteed freedom of the press by writing that protection into the First Amendment of the Bill of Rights. Even so, the Supreme Court of the United States -- the highest court in America -- for years refused to protect the media from libel lawsuits by relying on the First Amendment. Instead, libel laws varied from state to state without a single coherent rule in the nation.
That all changed in 1964 when the Supreme Court issued a ruling that revolutionized libel law in the United States. The famous decision in New York Times Co. v. Sullivan once and for all created a national rule that squared more fully with the free press guarantees of the First Amendment. In its ruling, the Court decided that public officials no longer could sue successfully for libel unless reporters or editors were guilty of "actual malice" when publishing false statements about them.
2006-11-22 07:23:31
·
answer #1
·
answered by Lachelle 3
·
0⤊
0⤋
C. it extremely is important looking substitute into that certainty, it extremely is, telling the reality in a newspaper article, is a protection against the value of libel. One won't be able to be got here upon in charge for telling the reality--a minimum of in as far as a public legitimate is worried.
2016-11-26 01:41:03
·
answer #2
·
answered by ? 3
·
0⤊
0⤋
Libel laws
2006-11-22 06:47:18
·
answer #3
·
answered by Anonymous
·
0⤊
0⤋
a precedent for similar cases. it also helped define libel and showed that something can be called libel only if the information said is false. if it is seditious but is true, then it is not libel.
2006-11-22 07:03:06
·
answer #4
·
answered by symodi 2
·
0⤊
0⤋
freedom of press
2006-11-22 06:51:42
·
answer #5
·
answered by Caroline 7
·
1⤊
0⤋