What Does Negligence Mean in Defamation Cases

Franklin, Marc A.

Journal: UC Law SF Communications and Entertainment Journal

Volume: 6

First Page: 259

Year: 1983

Bluebook Citation: 6 HASTINGS COMM. & ENT. L.J. 259 (1983)

Author: Marc A. Franklin: all 16 publications


Abstract

Ten years have passed since the Supreme Court decided Gertz v. Robert Welch, Inc. and introduced "fault" analysis into defamation cases. The author examines how the courts have approached the determination of a defendant's fault in the years since Gertz. He further reviews recent statistical data and insurance trends, and analyzes the impact that the emergent negligence standard has had on libel litigation.

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