Libel reconsidered: The troubled legacy of New York Times v. Sullivan

Abstract

The article examines developments in libel law since New York Times v. Sullivan (1964). Drawing upon the concept of pendulum swings, the article looks at the expansion and contraction of constitutional and procedural standards for libel. The analysis presented here views the New York Times v. Sullivan (1964) as a paradigm case, but it argues that libel historically has undergone major fluctuations in doctrine while attempting to maximize either reputation or freedom of expression. This article contends that the law of libel has had a troubled and uneven development in the aftermath of New York Times v. Sullivan. The article also discusses libel cases in cyberspace and the controversial role of an Internet service provider.

Notes

Donald Fishman (Ph.D., Northwestern University) is an associate professor of Communication at Boston College, 215 Lyons Hall, Chestnut Hill, MA 02467‐3804 ([email protected]). He is the recipient of the 2001 Phifer Award for Outstanding Scholarship in Parliamentary Procedure as well as the 1998 Haiman Award for Distinguished Scholarship in Freedom of Expression. He is First Vice President‐Elect of the Eastern Communication Association.