The First Amendment, Continued: Defamation and Libel

Marisa's Wicked Word Nosh

To expand upon what I discussed in last week's episode, the First Amendment to the U.S. Constitution places limitations on certain types of speech. Another type of speech that is not protected is defamation--in particular (for writers, anyway), libel. I discuss the elements needed for a defamation suit, distinguish between public and private figures, and explain the "actual malice" standard for libel set forth in the landmark 1964 U.S. Supreme Court case, New York Times Co. v. Sullivan.

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For further reference:

• "First Amendment": https://www.law.cornell.edu/constitution/first_amendment
• NEW YORK TIMES CO. V. SULLIVAN, 376 U.S. 254 (1964): https://www.thefire.org/first-amendment-library/decision/new-york-times-co-v-sullivan/
• "What Type of Speech Is Not Protected by the First Amendment?": https://www.hg.org/legal-articles/what-type-of-speech-is-not-protected-by-the-first-amendment-34258
• "Libel vs. Slander": https://www.diffen.com/difference/Libel_vs_Slander
• "Libel vs. Slander": https://defamation.laws.com/defamation-laws/libel-vs-slander
• "Public Figures and Officials," by Gary Bugh: https://mtsu.edu/first-amendment/article/1010/public-figures-and-officials
• "Can I Be Sued For Libel If I Don’t Use the Person’s Name? Yes!" by Raees Mohamed: https://kellywarnerlaw.com/sued-for-libel-dont-use-name
• "A Quick Guide to Libel Law," by Lata Nott: https://www.freedomforuminstitute.org/first-amendment-center/primers/libellaw/
• "Here Are the Basics of Libel Laws for Journalists," by Tony Rogers: https://www.thoughtco.com/the-basics-of-libel-and-libel-law-2073724
• "New York Times Co. v. Sullivan (1964)," by Stephen Wermiel: https://mtsu.edu/first-amendment/article/186/new-york-times-co-v-sullivan