American Constitutionalism in Historical Perspective (packet)

Damages:

1. 
   Special damages: have to prove the person is harmed (slander not per se)
   
2. 
   General damages: Presumed damages 3 categories. unchastity, criminality, fraud or dishonesty in business
   

Defenses: truth must be exactly stated

NYT v. Sullivan, 1964: (limits individual defamation claims) clergy and others that placed ad in Times publicizing wave of terror in the South were charged with libel by the Alabama Police Commissioner (Alabama conception of CL libel is libelous per se if the words tend to bring someone into public contempt) Brennan strikes down, state tort law inconsistent with fed free speech which is in the core of protected speech since about politics. This is essentially a seditious libel action since criticism of police officer (not in ad but by colloquium). Allowed even though some of the facts were false (# of times MLK arrested) b/c if allow recovery for some falsity will chill free speech.

1. 
   Relies on political theory and history: If d/n protect some falsity then in area of the press you will chill reporting about what is happening in the nation. Meiklejohnian political theory: stay out of political speech. Mill protected even the false b/c it invigorates our moral muscularity--we are more vigilant and resistant. Brandeis: ad should be allowed b/c conscientious dissent of American racism and the government practices that support it. Similar to Alien and Sedition Act.
   
2. 
   Revises tort elements for public figures/officials vs. media Ds
   
   1. 
      No strict liability: must know or be grossly reckless in not knowing that the fact is false. (Sullivan mens rea).
      
   2. 
      No colloquium: have to say the name, can’t infer it.
      
   3. 
      No general/presumed damages: must be compensatory damages.
      
   4.