From: Jim Choate <ravage@einstein.ssz.com>
Date: Sun, 26 Jan 1997 22:13:47 -0800 (PST)
To: cypherpunks@toad.com
Subject: libel.html
Message-ID: <199701270613.WAA11974@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



   [IMAGE]
   [IMAGE]
   
Libel and Slander

   
   
   "Libel" involves the publishing of a falsehood that harms someone.
   Slander is the same doctrine applied to the spoken word. Collectively,
   they are referred to as "defamation". Both are a matter of state laws,
   which usually (not always) require that the falsehood be intentional.
   
   In New York Times v. Sullivan, the Supreme Court held that the First
   Amendment requires that, before a public official can recover damages
   for a defamatory statement, he must prove it was made with "actual
   malice", even if state laws otherwise allow recovery for negligent
   defamation. The Court has since expanded this to cover not only public
   officials but "public figures", including individuals who involve
   themselves in controversies.