To be or not to be, Malice is the Question: An Analysis of Nebraska's Fair Report Privilege from a Press Perspective
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Authors
Cox, Michael C.
Callaghan, Elizabeth M.
Issue Date
2003
Volume
36
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The theory of our Constitution is that every citizen may speak his mind and every newspaper express its view on matters of public concern and may not be barred from speaking or publishing because those in control of government think that what is said or written is unwise, unfair, false, or malicious. Protection for publishing matters of public concern originated primarily from two sources - one is constitutional, beginning with the rules articulated in New York Times Co. v. Sullivan. The second is the common law, where a privilege known as the "fair report" privilege or "record" privilege developed. Historically, the republication of a libel was actionable under the common law maxim that "tale bearers are as bad as tale makers." In...
Description
Citation
36 Creighton L. Rev. 21 (2002-2003)
Publisher
Creighton University School of Law