Podcast
Questions and Answers
What is the main reason the Court believes that a private-figure plaintiff must bear the burden of showing that the speech at issue is false?
What is the main reason the Court believes that a private-figure plaintiff must bear the burden of showing that the speech at issue is false?
- To insulate the media defendant from liability for demonstrably false speech
- To ensure that the plaintiff can recover damages for defamation
- To protect the government's ability to enforce its own laws
- To encourage debate on public issues and avoid a 'chilling' effect on speech of public concern (correct)
What does the Court recognize as a result of requiring the plaintiff to show falsity?
What does the Court recognize as a result of requiring the plaintiff to show falsity?
- It will make it easier for media defendants to avoid liability
- It will insulate some speech that is false, but unprovably so (correct)
- It will encourage more debate on public issues
- It will ensure that the plaintiff can recover damages for defamation
What is the key precedent the Court relies on in reaching its conclusion?
What is the key precedent the Court relies on in reaching its conclusion?
- New York Times Co. v. Sullivan
- Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.
- Gertz v. Robert Welch, Inc. (correct)
- Hustler Magazine v. Falwell
What is the key difference the Court identifies between governmental action and a private suit for damages in the defamation context?
What is the key difference the Court identifies between governmental action and a private suit for damages in the defamation context?
What is the primary concern the Court has in the case of a private suit for damages, similar to its concern in governmental-restriction cases?
What is the primary concern the Court has in the case of a private suit for damages, similar to its concern in governmental-restriction cases?
What additional requirement does the Court say it has imposed on the plaintiff in a suit for defamation, as a result of its previous decisions?
What additional requirement does the Court say it has imposed on the plaintiff in a suit for defamation, as a result of its previous decisions?
What is the key reason the Court gives for not breaking new ground in insulating speech that is not even demonstrably false?
What is the key reason the Court gives for not breaking new ground in insulating speech that is not even demonstrably false?
What type of speech does the Court indicate is the focus of its concern in this case?
What type of speech does the Court indicate is the focus of its concern in this case?
What is the key rationale the Court provides for insulating even demonstrably false speech from liability?
What is the key rationale the Court provides for insulating even demonstrably false speech from liability?
What is the key practical implication the Court identifies regarding the burden of proving falsity on the plaintiff?
What is the key practical implication the Court identifies regarding the burden of proving falsity on the plaintiff?
