Media Countersuits in Libel Law: A Statutory and Judicial Framework

Faced with costly expenses for libel lawsuits, the American press during the past decade started resorting to counterclaims as an "aggressive-offenseis- the-best-defense" tactic in response to what it considered to be meritless libel actions. This Article examines media libel countersuits to address critical issues raised by some commentators in the mid-1980s about the uncertain value of the suits. Three questions provide the main focus of the study: (1) Why do American media organizations countersue?; (2) What is the statutory and judicial status of media countersuits in the United States?; and, (3) What implications do media countersuits carry for American libel law?