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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.
Cubby, Inc. and Robert Blanchard brought suit against CompuServe Inc. in the United States District Court of the Southern District of New York in 1991 for libel, business disparagement, and unfair competition. [1] CompuServe, an Internet service provider, hosted an online news forum, the contents of which were generated by a contractor.
The internet retailer's charge to the consumer was based on an anti-disparagement clause of their site's terms and conditions. The case led to a California statute prohibiting the enforcement of such clauses, and the introduction of the Consumer Review Freedom Act of 2015, a proposed bill that, since passed, has enacted similar prohibitions at ...
Starting around 2021, the company has included a "non-disparagement clause" in its lease agreements that prohibits tenants from making "any disparaging, negative or derogatory comments or ...
Furthermore, the legal landscape about non-disparagement clauses is evolving, he said. For example, last year, the National Labor Relations Board ruled that overly broad non-disparagement clauses ...
The law does not limit the ability of a person or business to file a civil cause of action for defamation, libel, slander, or any similar cause of action under State law. Clause 2(f) required the Federal Trade Commission to publish illustrations of best practice compliance with the Act. Guidance was published by the commission in February 2017. [4]
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 ...
Defamation law has a long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal systems and in various moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English law.