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The Court held, on a 6–3 vote, in favor of Consumers Union, the publisher of Consumer Reports magazine, ruling that proof of "actual malice" was necessary in product disparagement cases raising First Amendment issues, as set out by the case of New York Times Co. v. Sullivan (1964). The Court ruled that the First Circuit Court of Appeals had ...
The case went to trial in June, 2017. Under South Dakota's Agricultural Food Products Disparagement Act, BPI could have received as much as $5.7 billion in statutory trebled damages were ABC News found liable. [18] [19] After the case had been tried for only three out of the expected eight weeks, ABC News and BPI reached a settlement of $177 ...
Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by the implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Corporation (1997). [110]
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.
Responding to the Palmers' experience with KlearGear, California enacted a law in 2014 banning the use of non-disparagement clauses in consumer contracts. Similar bans were introduced in both houses of Congress in 2015, and Jen Palmer testified live before the U.S. Senate Committee on Commerce, Science, and Transportation in November 2015.
Jason Navarino, a law partner in Riker & Danzig’s tax and corporate groups, also questioned TikTok’s vague definition of disparagement by saying that it makes it difficult to know what the ...
The New Jersey Supreme Court ruled that non-disparagement clauses for harassment victims in lawsuit settlements cannot be enforced. Court: Harassment victims like Neptune cop can't be silenced by ...
The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule.