Values and Value: An Essay on Libel Reform

Abstract:     
This article reviews the development of defamation law since New York Times v. Sullivan. In place of the extraordinarily complex structure that has emerged from the Supreme Court’s jurisprudence, this article proposes a simplified and uniform fault requirement based on “professional negligence,” holding a professional disseminator of information to the standards of that profession. The purpose is to create a unitary, simplified litigation structure combining much of the heavy constitutional procedural burdens on the plaintiff with more comprehensible fault and damage rules by which a jury may be guided to provide effective compensation and redress for the defamation victim injured through the fault of the defamer.

Number of Pages in PDF File: 26

Accepted Paper Series