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Percoco v. United States, 598 U.S. 319, is a 2023 United States Supreme Court case regarding the federal honest services fraud statute. In the case, the Court held that a private citizen with significant influence over government decision-making cannot be convicted of honest services fraud for actions taken while not holding public office.
The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). This case relied on the issue of actual malice , which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the ...
A High Court judge has ruled that the Mail can go ahead with an honest opinion defence in a trial, which will include their claim that Prince Harry made misleading statements about offering to pay ...
Michael O’Hanlon, opinion contributor November 18, 2024 at 3:00 PM Whatever one thinks of current U.S. strategy for the Ukraine war — and I tend to think it has been fairly good — President ...
President Biden's "just enough" strategy of providing Ukraine with the weapons it needed to defend itself but not what it needed to win has contributed to the worst-case scenario of nuclear ...
The honest opinion defence (formerly the fair comment defence) is sometimes known as "the critic's defence" as it is designed to protect the right of the press to state valid opinions on matters of public interest such as governmental activity, political debate, public figures and general affairs.
The subsequent case of Jameel v Wall Street Journal Europe [1] affirmed the defence, which was subsequently raised successfully in several defamation proceedings. [2] [3] [4] The defence was abolished by s4(6) Defamation Act 2013, being replaced with the statutory defence of publication on a matter of public interest. [5]
The defense wanted an instruction that the jury must unanimously agree on what the unlawful means were. But, as prosecutors pointed out, New York law requires no such thing.