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2012 - The Law and Society Association Words: 489 words || 
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1. Hsu, Jimmy Chia-Shin. "Malice in Wonderland: The Journey of the Actual Malice Doctrine in a Polarized Democracy" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2019-05-26 <http://citation.allacademic.com/meta/p557372_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The American legal doctrine of actual malice in tort of libel, prescribed by the United States Supreme Court in the 1964 case New York Times v. Sullivan, diverges from counterparts in almost all other Western advanced democracies, and serves as a hallmark of the exceptionally speech-protective First Amendment jurisprudence. That much is well-known. What is little known in comparative law literature is that an Asian new democracy, Taiwan, has undertaken an extraordinary experiment in the past decade to transplant the doctrine of actual malice in its laws of defamation. In this article, I investigated how Taiwan’s courts developed laws of defamation, including both criminal and tort of defamation, from 2000 through 2010, in the wake of the Constitutional Court’s Interpretation No.509, arguably Taiwan’s New York Times v. Sullivan. Liberating as this Interpretation was, it left behind ample room for doctrinal maneuvering. This article offers an updated, full-scale survey of Taiwan High Court’s criminal and tort of defamation cases from 2000 through 2010. On the basis of the survey results, I will analyze the changing status and shape of the various fault standards, particularly the actual malice doctrine. I will demonstrate that in the wake of I.509, Taiwan’s courts have gradually taken diverging routes in criminal defamation and tort of defamation cases in terms of fault standards regarding falsity. In criminal defamation cases, the courts have been consistently relaxing culpability standards toward actual malice and beyond, sometimes punishing only knowledge of falsity. In contrast, despite some twists and turns, Taiwanese courts gravitated away from actual malice toward negligence in tort of defamation cases.

I argue that the dynamics of the legal development can best be understood as a response to challenges posed by severe political polarization. The severe political polarization between Taiwan’s two major political camps, at both elite and popular levels, tore down the basic political trust between warring camps and social consensus on the code of civility, which makes it futile to punish people who spread rumors which they firmly believe out of political bias. As a result, the foundation for criminal punishment of defamation was eroded, to the extent that in some cases only knowledge of falsity will be punished. On the other hand, the free-wheeling politics of rumors should be curtailed with relatively mild but still meaningful measure. Negligence in the tort of defamation is more suitable to carry out this function, not only because it does not lead to complete silencing by the threat of incarceration, but also because Taiwan’s tort of defamation is not equipped with punitive damage. Taiwan’s experience reveals the hidden social foundation of the actual malice doctrine. As speech protective as the actual malice doctrine is, it still presumes robust social consensus regarding what constitutes “reckless disregard of truth or falsity”. Taiwan’s polarized politics has eroded even this prong of the American actual malice doctrine, leaving only knowledge of falsehood punishable in prominent political libel cases in Taiwan’s criminal defamation law.

2017 - Annual Scientific Meeting of the International Society of Political Psychology Words: 195 words || 
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2. Freeder, Sean. "Malice and Stupidity: Outgroup Motive Attribution and Affective Polarization" Paper presented at the annual meeting of the Annual Scientific Meeting of the International Society of Political Psychology, The Royal College of Surgeons Edinburgh, Edinburgh, Scotland, U.K., Jun 29, 2017 <Not Available>. 2019-05-26 <http://citation.allacademic.com/meta/p1248688_index.html>
Publication Type: Paper (prepared oral presentation)
Review Method: Peer Reviewed
Abstract: Significant affective polarization has occurred over the past several decades. This has had a number of negative consequences for American democracy: damage to interparty trust at the mass level; weakened prospects for civil political deliberation and cooperation; and the limited willingness of citizens to cross party lines, even in extreme cases. In explaining this increased interparty hostility, researchers have generally focused on growing ideological polarization, or citizens’ beliefs about who members of the outgroup tend to be. Little attention, however, has been focused on mass beliefs about what motivates the other side to want what it does.

Using original survey research with open-ended questioning, I find that a large portion of the public believes those who disagree with them to be motivated by the negative and indefensible - greed, bigotry, incompetence, hunger for power - rather than by comprehensible values and valid concerns. I show that these beliefs are strongly associated with increased intergroup hostility, even after controlling for other commonly associated factors, such as ideological or partisan extremity. Finally, using a simple experimental intervention, I show that these beliefs can be corrected, and that doing so improves one’s affect towards one's partisan and ideological outgroups.

2009 - NCA 95th Annual Convention Words: 72 words || 
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3. Barbe, Kaylene. and Ellis, Vickie. "Absence of Malice: A Narrative Criticism of Lincoln's Inaugural Addresses" Paper presented at the annual meeting of the NCA 95th Annual Convention, Chicago Hilton & Towers, Chicago, IL, <Not Available>. 2019-05-26 <http://citation.allacademic.com/meta/p366818_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The power of definition and “the marshaling of public support is a distinctively rhetorical power available to the President” (Windt, 1987, p. 2). Inaugural addresses represent a president’s attempt to establish meaning. This paper implements narrative criticism to explore Lincoln's use of conflict management strategies during his Inaugural addresses. We assess to what extent the audience’s sentiments influenced the rhetorical choices Lincoln made as he struggled for the preservation of the Union.

2007 - Southern Political Science Association Words: 249 words || 
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4. Keck, Aaron. ""Malice Toward None": Whitman, Lincoln, and Cosmopolitanism in Civil War America" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, LA, Jan 03, 2007 <Not Available>. 2019-05-26 <http://citation.allacademic.com/meta/p143359_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Building off a larger project tracing the legacy of cosmopolitanism in American political thought, this paper examines the importance of cosmopolitan ideals in the political thought of Abraham Lincoln and Walt Whitman, particularly as those ideals influenced their understanding of North-South relations before and after the Civil War.

Cosmopolitanism, properly so called, emphasizes the essential unity of all human beings; its theoretical distinction is that it grounds that unity, not on some imagined (or imposed) cultural homogeneity, but rather, paradoxically, on the vast diversity of peoples and cultures. In contrast to Radical Reconstruction, which viewed the South as a fundamental antagonist and attempted to restructure its society along Northern lines, the more tempered approach of Lincoln and Whitman fits squarely into the cosmopolitan tradition: both men emphasized the common bond between Northerners and Southerners, even while celebrating (and, in Whitman’s case, endlessly cataloging) the inexhaustible variety of Northern and Southern life. This understanding leads Lincoln and Whitman to a practical politics that emphasize peace over war, cooperation over antagonism, and equal coexistence, “with malice toward none,” over imposed occupation.

Emphasizing this element in Whitman and Lincoln’s thought allows us to better understand the failure of Radical Reconstruction, which abandoned Lincoln’s cosmopolitan vision in favor of a more hierarchical imposition of homogenous cultural practices. More importantly from a theoretical perspective, the emphasis on cosmopolitanism also allows us to better understand Whitman and Lincoln’s place in American political thought—for which the importance of the cosmopolitan tradition has long gone unrecognized.

2005 - International Communication Association Pages: 34 pages || Words: 10613 words || 
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5. 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, Online <PDF>. 2019-05-26 <http://citation.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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