Libel Law In The United States
Libel is a legal term that describes a written form of defamation, which the dictionary defines as a "false or unjustified injury to someone's good reputation." Sometimes the word slander is used in the same breath as libel. The two terms mean the same thing, except that slander usually refers to defamatory statements about someone that are spoken to others rather than written in a newspaper, magazine article, or book. Today the legal differences between libel and slander have all but disappeared due largely to the dawning of the electronic age. American television networks, for example, are sometimes sued for libel even though news reporters and correspondents "speak" their words to a viewing and listening audience rather than to a reading audience.
For the United States, the laws that control libel and slander first began to take shape even before the colonies gained their independence from Britain. One of the most famous American cases involved New York publisher John Peter Zenger, who was imprisoned in 1734 for printing political attacks against the colonial governor of New York. Zenger's lawyer established a legal precedent by arguing successfully that truth is an absolute defense in libel cases. Up until then, it had never mattered much whether the allegedly libelous statements about someone were true or false. Since the Zenger case, however, someone can sue successfully for libel only if the defamatory information is proven to be false
That all changed in 1964 when the Supreme Court issued a ruling that revolutionized libel law in the United States. The famous decision in New York Times Co. v. Sullivan once and for all created a national rule that squared more fully with the free press guarantees of the First Amendment. In its ruling, the Court decided that public officials no longer could sue successfully for libel unless reporters or editors were guilty of "actual malice" when publishing false statements about them.
Every year hundreds of libel lawsuits are filed against newspapers, magazines, and radio and television stations in the United States. Typically, these cases are brought by current or former public officials, by entertainers, or by business executives who feel they have been damaged by critical media publicity -- usually accusing or suggesting that the person has engaged in unlawful, improper, or questionable activities.
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