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ERIC Number: ED131466
Record Type: Non-Journal
Publication Date: 1976
Pages: 25
Abstractor: N/A
Reference Count: N/A
The Impact of "Gertz": How the States Have Defined the Standard of Liability for the Private Libel Plaintiff.
Stonecipher, Harry W.; Trager, Robert
In the landmark "Gertz" decision, the United States Supreme Court held that, in the interest of protecting libel plaintiffs, the states under certain conditions could define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehoods. This paper explores several applications of the "Gertz" decision, by various states, in the two years since the opinion was handed down (23 states have cited "Gertz"). The paper concludes that the full impact of "Gertz" will not be known until state courts have had more opportunity to fully interpret the "Gertz" standards in light of the traditional common-law principles of defamation. (JM)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A