INTRODUCTION
After many years of comparative quiet, the United States is experiencing a growth in libel suits brought by both public officials and private figures. President Donald Trump has claimed that our current libel laws ‘are a sham and a disgrace and do not represent American values’. Is it time to ‘open up our libel laws’, as he has called for? Doing away with the New York Times v Sullivan rule is a dictator’s dream. Because government can control and manipulate information, any determination of truth or falsity that fails to recognize the fundamental right of the people to criticize government and to make their own independent interpretations is fundamentally flawed. The marketplace of ideas is imperfect, but essential to facilitate the search for truth. In fact, it is the essence of American values … (more)
Kirtley, Jane E, ‘Uncommon Law: The Past, Present and Future of Libel Law in a Time of “Fake News” and “Enemies of the American People”’, University of Chicago Legal Forum, volume 2020, Article 6.
First posted 2020-12-09 09:39:35
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