Torts: Defamation and Privacy Posts
This article will add to the chorus criticizing The New York Times “actual malice standard,” particularly as implemented in the subsequent line of Supreme Court cases, as a fundamentally flawed and unnecessary rule.
New York Times v. Sullivan Transformed American Defamation Law From Thumper’s Rule to Incented Obloquy
This essay argues that the New York Times actual malice standard is a fundamentally flawed and unnecessary rule that has had untoward unintended consequences for our public discourse.
In a recent NPR On Point podcast episode, David A. Logan discusses American libel law, his law review article cited in Gorsuch’s Berisha v. Lawson dissent, and the potential implications the dissent may have on future libel cases before the U.S. Supreme Court.
Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting.
At its January meeting, the Council approved the launch of the final three components of the Restatement Third of Torts. The projects tentatively are titled: Remedies; Defamation and Privacy; and Concluding Provisions. With these projects, the ALI aims to complete an effort that began nearly three decades ago, when we started work on the Restatement of the Law Third, Torts: Products Liability. And when these projects are completed, the ALI will have produced a body of work that entirely supersedes the Restatement Second of Torts.