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Problems Targeted by the Proposed Standard
Elements of a Common Law Libel Action
CONSTITUTIONALIZING LIBEL LAW
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actual malice standard adoption Alexander Meiklejohn alleged Amendment jurisprudence argue argument audience awareness of meaning Cass Sunstein citizen-critic common law communication process concern consider conveys a defamatory defamation defamatory meaning defendant was aware defendant's democratic self-governance determination Dienes and Levine dissertation element extrinsic fact fact scenario fault standard Franklin & Bussel Franklin and Bussel free speech Gertz imposed individual intent interpretation Janet Malcolm jurors jury libel actions libel by implication libel law literal statements marketplace of ideas marketplace theory Masson meaning question meaning standard media defendants Meiklejohn Mihalik Milkovich person plain meaning rule plaintiff plaintiff's ascribed meaning protecting speech prove public figure public officials publisher quotations reader reasonably reckless disregard relevant reputational harm requirement resolving rule Sack & Baron scholars self-realization Smolla speaker speech at issue strict liability Sullivan Sunstein Supreme Court theories of free theory of democratic United States Supreme wily wordsmith words Yorker Magazine