First Amendment Limitations on Recovery from the Press – An Extended Comment on ‘The Anderson Solution’

Abstract

This analyzes the results of New York Times v. Sullivan and finds that publishers may actually be in greater danger from libel suits, given the inevitability of newspapers printing false statements no matter how careful the press may be. By forcing plaintiffs to focus on proving actual malice on the part of the publisher, courts may inadvertently encourage jurors to be unsympathetic to publishers.

Keywords: Libel, First Amendment