The Constitutional Defamation and Libel Warrior
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New York Times Co. v. Sullivan transformed American defamation law by imposing a constitutional floor on state tort law — requiring public officials to prove actual malice to recover for defamation about their official conduct. The internet has raised new questions: whether Sullivan's constitutional protections should be reconsidered in the age of social media (Justice Thomas's McKee v. Cosby concurrence), whether Section 230 immunity is itself a constitutional matter, and how the framework applies to algorithmically amplified false statements.
The Constitutional Defamation and Libel Warrior is Volume LXXXVI of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full defamation constitutional landscape: New York Times v. Sullivan — the actual malice standard, its rationale, and its application; public official and public figure doctrine — all-purpose and limited-purpose public figures; the Gertz private figure framework; the opinion privilege — Milkovich v. Lorain Journal and the totality-of-circumstances test; internet defamation and Section 230's constitutional dimensions; retraction and right of reply; the SLAPP suit phenomenon and anti-SLAPP statutes; and the ongoing debate about reconsidering Sullivan.
The Constitutional Defamation and Libel Warrior
$69.99
Sale price
$69.99
Regular price