RESTRICTING ARTFUL PLEADINGS AGAINST THE PRESS: THE SUPREME COURT BRINGS CONSTITUTIONAL CONSIDERATIONS TO ACTIONS WHERE TRUTH OFFERS NO DEFENSE

William Osler McCarthy, Comment, Restricting Artful Pleadings Against the Press: The Supreme Court Brings Constitutional Considerations to Actions Where Truth Offers no Defense, 25 Gonz. L. Rev. 373, 519 (1989)

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Perhaps the American press knows no greater admonition than “get it right.” More than a professional creed, accuracy is, or should be, mother’s milk to the journalist, the foundation not only for credibility so vital to an effective news media, but also for legal protection. Yet even in defamation, truth has not been universally accepted as the absolute de- fense that torts students and journalists presume it to be.’ And increas- ingly, as the press faces expanding theories of liability claiming mental distress, truth may offer no defense at all….Read More

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