Resolving the Paradox of the Innocent Construction Rule
11 Pages Posted: 17 Feb 2012
Date Written: January 1, 1984
The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.
Keywords: Defamation, Illinois, innocent construction rule
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