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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.
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.
Des Moines, California became the first state in the United States to enact a statutory scheme that protected the free speech rights of students. These protections were codified in Educational Code 10611. [2] In 1977, the California Legislature rewrote this code and replaced it with Educational Code 48907. This revision was prompted by Bright v.
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
Carol Burnett v. National Enquirer, Inc. was a decision by the California Court of Appeal, which ruled that the "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times Co. v. Sullivan to be liable for defaming a "public figure", and that the National Enquirer is not a "newspaper" for the purposes of ...
Krinsky v. Doe 6, was a decision by the California Court of Appeal, Sixth District, addressing the evidentiary standard required of plaintiffs seeking the identification of anonymous Internet posters. The case addressed defamation and the right to anonymous speech on the Internet.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision that ruled the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of a public official to sue for defamation.
Regents of the University of California v. Bakke , 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute over whether preferential treatment for minorities could reduce educational opportunities for whites without violating the Constitution.