How Does the New York Constitution Compare the U.S. Constitution?

28 Pages Posted: 15 Nov 2013 Last revised: 19 Nov 2013

See all articles by Eileen R. Kaufman

Eileen R. Kaufman

Touro College - Jacob D. Fuchsberg Law Center

Leon Z. Friedman

Hofstra University - Maurice A. Deane School of Law

Date Written: 1998

Abstract

One of the most interesting, and certainly most litigated, defamation questions in New York State is when constitutional protection should be afforded speech that arguably would be regarded as opinion. In resolving that question, the New York Court of Appeals has decided that the New York State Constitution affords greater protection for speech than does the federal constitution. While the New York standard seems to be far more generous in protecting speech than the federal standard, it may be that in the vast majority of cases, the outcomes would be the same under either state or federal analysis. The two standards use different routes to get to more or less the same place. Both standards ultimately focus on whether a reasonable reader would understand the statement to be asserting a fact about the plaintiff.

Keywords: freedom of speech, defamation, New York State Constitution, Federal Constitution, First Amendment

Suggested Citation

Kaufman, Eileen R. and Friedman, Leon Z., How Does the New York Constitution Compare the U.S. Constitution? (1998). 14 Touro L. Rev. 583 (1998), Touro Law Center Legal Studies Research Paper Series , Available at SSRN: https://ssrn.com/abstract=2350492

Eileen R. Kaufman (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Leon Z. Friedman

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
178
Abstract Views
1,855
rank
186,907
PlumX Metrics