Posted on 02/27/2016 2:46:21 PM PST by reaganaut1
Edited on 02/27/2016 2:52:46 PM PST by Admin Moderator. [history]
Can someone explain why we need “media” anymore?
New York Times v. Sullivan
Held: A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves “actual malice” — that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. Pp. 265-292.
(a) Application by state courts of a rule of law, whether statutory or not, to award a judgment in a civil action, is “state action” under the Fourteenth Amendment. P. 265.
(b) Expression does not lose constitutional protection to which it would otherwise be entitled because it appears in the form of a paid advertisement. Pp. 265-266. [p255]
(c) Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless “actual malice” — knowledge that statements are false or in reckless disregard of the truth — is alleged and proved. Pp. 279-283.
(d) State court judgment entered upon a general verdict which does not differentiate between punitive damages, as to which, under state law, actual malice must be proved, and general damages, as to which it is “presumed,” precludes any determination as to the basis of the verdict, and requires reversal, where presumption of malice is inconsistent with federal constitutional requirements. P. 284.
(e) The evidence was constitutionally insufficient to support the judgment for respondent, since it failed to support a finding that the statements were made with actual malice or that they related to respondent. Pp. 285-292.
[p256]
Meet the new boss...
Amen brother. he is a goon. And his followers will do anything he orders. Sad to say that there are a lot of people here that fits that mold. Their hatred of the left is driving them into a dark place where anything is possible. I am very afraid because after reading history I know how this will end.
It doesn’t matter what he will do or say hope and change 2.0 has taken root and along with it many so called conservatives with it.”
I will admit when he first came on the scene it was refreshing to hear someone talk about illegal immigration like he did and taking on all political correctness and still survive and thrive. And to poke his finger in the eyes of the political establishment.
But after that, issues matter. He's right on illegal immigration but then he's had flip flops on that issue in the past. It was the drip, drip, drip of his past statements, positions, and even things he said during the campaign. And someone once said when it becomes clear to him that the nomination is his, he will start to drift towards his natural inclination which is closer to the left. I get people can and do change positions over time, but he'll change them depending on the audience. I do believe we will end up with TrumpCare should he win. I also believe he will continue to grow the federal government
He got the lying liberal press whining back.
But they don’t seem that it realize that trickles down to us, no one will be safe from his tyranny.
For all who think it is a great idea:
http://freerepublic.com/focus/f-news/3116989/posts
“Conservative website shuttered after libel ruling [Free Dominion]”
http://freerepublic.com/tag/freedominion/index?tab=articles
Free Dominion was our sister site in Canada.
“Opened” libel laws were used to silence them.
They were willing to get shot in broad daylight a month or so ago, so this probably won’t even phase them.
It is about time that the media is taken to task.
They will not do their duty. They only do what the DC Uni-Party tell them to do.
And everyone falls for it hook line and sinker.. Since many here do not support Trump, you might fail to realize the “shot across the bow” approach he likes to take. He says something seemingly outrageous and everyone is now taking about the first amendment and the Sullivan Case and Justice Scalia’s thoughts on the matter. Pundits wonder if the press is liable for printing malicious lies, etc...everyone gets their panties into a wad, but the issue is thrashed about and everyone talks about Trump instead of Marco’s latest insults.
Trump is playing with you and you predictably fall for it. He does this on purpose to see media heads explode.
Trump hasn’t even begun to be vetted by the media yet.
That will begin when he’s the nominee and there’s no going back.
And I believe your analysis is correct.
I can simplify the Trump camp’s ad campaign. Johnny Cash already recorded a song which would fit perfectly ... “A Boy Named Sue.” Trump’s demeanor is quite puerile (like a playground bully)and when anyone questions him about something he doesn’t want to answer or something he doesn’t like, he starts yelling “Sue!” Despite the size of his bank account and his entrepreneurial success, he remains “A Boy Named Sue,” an immature one at that.
In the arena of fines for such behavior, the plaintiff will have to prove his case "beyond a reasonable doubt" which is a much higher standard.
You might want to familiarize yourself with the controversy surrounding criticism of George Washington by a newspaper known as the Philadelphia Aurora.
Probably not.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.