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Globalization of U.S. Law on Press Freedom: “Actual Malice" as a Balancing Test for Libel

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Abstract:

Increasingly important to journalists is the growing interaction between U.S. and foreign libel law as American news media are becoming more transnational now than ever. This is accelerated by Internet communication, which most likely will raise a wide array of conflict of laws and choice of law questions, as highlighted by the Australian High Court’s decision in Dow Jones & Co. v. Gutnick in 2002.
This Article first analyzes the international impact of the landmark U.S. Supreme Court case, New York Times v. Sullivan ca and its progeny. Next, the Article focuses on how the “actual malice” doctrine has been accepted or rejected in several countries over the years. The final section of this Article summarizes the author’s findings and offers his conclusions.

Most Common Document Word Stems:

public (148), court (138), libel (104), malic (100), law (99), actual (99), sullivan (71), rule (54), suprem (54), u.s (54), case (52), id (49), offici (49), express (45), freedom (45), state (42), constitut (40), defam (40), v (39), media (39), fals (38),

Author's Keywords:

jouranlism, news media, libel, law, sullivan. actual malice
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Name: International Communication Association
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MLA Citation:

Youm, Kyu. "Globalization of U.S. Law on Press Freedom: “Actual Malice" as a Balancing Test for Libel" Paper presented at the annual meeting of the International Communication Association, Sheraton New York, New York City, NY, <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p13713_index.html>

APA Citation:

Youm, K. H. "Globalization of U.S. Law on Press Freedom: “Actual Malice" as a Balancing Test for Libel" Paper presented at the annual meeting of the International Communication Association, Sheraton New York, New York City, NY Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p13713_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Increasingly important to journalists is the growing interaction between U.S. and foreign libel law as American news media are becoming more transnational now than ever. This is accelerated by Internet communication, which most likely will raise a wide array of conflict of laws and choice of law questions, as highlighted by the Australian High Court’s decision in Dow Jones & Co. v. Gutnick in 2002.
This Article first analyzes the international impact of the landmark U.S. Supreme Court case, New York Times v. Sullivan ca and its progeny. Next, the Article focuses on how the “actual malice” doctrine has been accepted or rejected in several countries over the years. The final section of this Article summarizes the author’s findings and offers his conclusions.

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Document Type: PDF
Page count: 34
Word count: 10613
Text sample:
GLOBALIZATION OF U.S. LAW ON PRESS FREEDOM: “ACTUAL MALICE” AS A BALANCING TEST FOR LIBEL What sets the United States apart from the rest of the world? At the same time what makes it relevant to other nations in internationalizing the law of freedom? These questions deserve more discerning attention now than ever because Americans mark the fortieth anniversary of the U.S. Supreme Court’s revolutionary decision New York Times Co. v. Sullivan.1 In the landmark libel case of 1964
task to develop a reasonably clear idea of the direct or indirect impact of Sullivan on foreign countries. For various reasons such as institutional and legal culture foreign courts rarely cite Sullivan and its progeny. In other words when it comes to foreign courts’ citations to Sullivan in general and the “actual malice” rule they are not the rule but the exception. Furthermore instead of using “actual malice” as a term of art its definition as 126 ARTICLE 19


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