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Actual Malice
In United States defamation law, actual malice is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard of proof to succeed in a defamation lawsuit. History The Supreme Court adopted the actual malice standard in its landmark 1964 ruling in '' New York Times Co. v. Sullivan'', in which the Warren Court held that: Although defined within the context of a media defendant, the rule requiring proof of actual malice applies to all defendants including individuals. The standard can make it very difficult to prevail in a defamation case, even when allegations against a public figure are unfair or proven false. Rather than being newly invented for the case, the term was used already in existing libel law. In many jurisdictions, proof of "actual malice" was required ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Defamation Law
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case '' New York Times Co. v. Sullivan'', however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Official
An official is someone who holds an office (function or mandate, regardless of whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority (either their own or that of their superior or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ' (12th century), from the Latin">- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Figure
A public figure is a person who has achieved fame, prominence or notoriety within a society, whether through achievement, luck, action, or in some cases through no purposeful action of their own. In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person. Libel laws vary considerably on this matter from jurisdiction to jurisdiction. Even within a cultural grouping, the libel laws of the UK are quite different from those in the US, for example. United States The controlling precedent in the United States was set in 1964 by the United States Supreme Court in '' New York Times Co. v. Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen –‍ to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Times Co
The New York Times Company is an American mass media corporation that publishes ''The New York Times'' and its associated publications such as ''The New York Times International Edition'' and other media properties. The New York Times Company's headquarters are in The New York Times Building, a skyscraper in Manhattan, New York City. History The company was founded by Henry Jarvis Raymond and George Jones in New York City. The first edition of the newspaper ''The New York Times'', published on September 18, 1851, stated: "We publish today the first issue of the New-York Daily Times, and we intend to issue it every morning (Sundays excepted) for an indefinite number of years to come." The company moved into the cable channel industry, purchasing a 40% interest in the Popcorn Channel, a theatrical movie preview and local movie times, in November 1994. In 1996, it expanded upon its broadcasting by purchasing Palmer Communications, owners of WHO-DT in Des Moines and KFOR in O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Court
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. It has been widely recognized that the court, led by the liberal bloc, created a major " Constitutional Revolution" in U.S. history. The Warren Court brought "one man, one vote" to the United States through a series of rulings, and created the Miranda warning. In addition, the court was both applauded and criticized for bringing an end to ''de jure'' racial segregation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as the most liberal point that judicial power had ever reached ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malice (legal Term)
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system. In English civil law (being the law of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burnett V
Burnett may refer to: Places ;Antarctica *Burnett Island, an island in the Swain Islands ;Australia * Burnett County, New South Wales, a cadastral division * The Burnett River in Queensland * Burnett Heads, Queensland * Shire of Burnett, a former local government area in Queensland * Electoral district of Burnett, Queensland, Australia ;Canada * Burnett Bay, Northwest Territoes * Burnett Inlet, Nunavut ;United Kingdom * Burnett, Somerset, England ;United States *Burnett, Illinois, an unincorporated community * Burnett, Indiana, an unincorporated town * Burnett, Minnesota, an unincorporated community * Burnett, Washington, an unincorporated community * Burnett, Wisconsin, a town * Burnett (CDP), Wisconsin, an unincorporated census-designated place * Burnett County, Wisconsin Burnett County is a county located in the U.S. state of Wisconsin. As of the 2020 census, the population was 16,526. Its county seat is Siren, with the majority of county governmental services ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westmoreland V
Westmoreland or Westmorland may refer to: Places Australia *Westmoreland County, New South Wales, Australia Canada *Westmorland County, New Brunswick, Canada * Westmorland Parish, New Brunswick, Canada Jamaica *Westmoreland Parish, Jamaica New Zealand * Westmorland, New Zealand, a suburb of Christchurch, New Zealand United Kingdom *Westmorland, a historic county in England *Westmorland and Furness, a unitary authority area in England United States * Westmorland, California, or Westmoreland * Westmoreland, Kansas * Westmoreland, New Hampshire * Westmoreland, New York, a town ** Westmoreland (CDP), New York, a census-designated place in the town * Westmoreland, Queens, New York City * Westmoreland, Tennessee * Westmoreland, West Virginia * Westmoreland County, Pennsylvania * Westmoreland County, Virginia * Westmoreland (Toledo, Ohio), a neighborhood * Westmoreland, Portland, Oregon * Westmoreland City, Pennsylvania * State of Westmoreland (1784 failed proposal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
