Jayita Bose

Publication Date

1996

Document Type

Dissertation/Thesis

First Advisor

Digby-Junger, Richard

Degree Name

M.A. (Master of Arts)

Legacy Department

Department of Journalism

LCSH

Freedom of the press--United States; Libel and slander--United States

Abstract

Fair Comment, now considered an effective legal defense against libel, evolved through the social and political developments in England, and the United States. The most important criterion in Milkovich v. Lorain Journal is whether the material in question is an "actionable assertion" or a "pure opinion," which is non-actionable. The criteria for deciding this changes over time. It has incorporated some old and some new standards of deciding between fact and opinion. As it stands today after the generally considered landmark case, Milkovich, the distinction between fact and opinion is dependent upon the nature of language, the broader context of the statements, verifiability of facts and sometimes even the state defamation laws. The major achievement of Milkovich is its demolition of the belief that all true opinions are protected while the courts continue to combine pre- and post-Milkovich standards in deciding defamation cases.

Comments

Includes bibliographical references (pages 68-70)

Extent

70 pages

Language

eng

Publisher

Northern Illinois University

Rights Statement

In Copyright

Rights Statement 2

NIU theses are protected by copyright. They may be viewed from Huskie Commons for any purpose, but reproduction or distribution in any format is prohibited without the written permission of the authors.

Media Type

Text

Download

Share

COinS