Abstract

http://ssrn.com/abstract=1620002
 


 



Of Libel Language and the Law


Sheldon W. Halpern


Albany Law School

1990

North Carolina Law Review, Vol. 68,p. 273, 1990

Abstract:     
This Article is an exploration of the current state of the law of defamation now that a quarter century has passed since the landmark New York Times v. Sullivan opinion. With that case, the Supreme Court began a process of constitutionalization that has produced a chaotic system that fails to meet the great objective of accommodating the individual's interest in reputation to the strictures of the first amendment. Professor Halpern examines Sullivan and its progeny, placing a realistic perspective on a doctrine that has become accepted notwithstanding its formation through shaky Court majorities and less than compelling logic and suggests an approach toward accommodation of the apparently irreconcilable interests. To realize the ideals of Sullivan without punishing innocent error or leaving the victim of defamation helpless, the author proposes, in place of the present fragmented, confusing, and unsatisfying array of criteria and requirements, a unitary system of practice, damages, and fault predicated on concepts of professionalism.

Number of Pages in PDF File: 54

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Date posted: June 4, 2010  

Suggested Citation

Halpern, Sheldon W., Of Libel Language and the Law (1990). North Carolina Law Review, Vol. 68,p. 273, 1990. Available at SSRN: http://ssrn.com/abstract=1620002

Contact Information

Sheldon W. W. Halpern (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
614-599-1118 (Phone)

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