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Opinion Privilege
Opinion privilege is a protected form of speech, of importance to US federal and state law. The US First Amendment guarantees free speech, subject to certain limitations. One of these limitations is defamation, in various forms, notably libel. While federal precedent does not explicitly state that opinion is protected against prosecution under libel laws (indeed it explicitly states the contrary), the combined effect of several rulings is such as to effectively make such the case. Historical development Opinion privilege has its roots in the common law fair comment doctrine. Scope Opinion based on fact is not protected ''qua'' opinion, if the opinion is based on false facts. Opinion that implies alleged facts has the same standing as the implied alleged fact. Exceptions Fact couched as opinion is not protected. For example, "It is my opinion that he is a liar." would not be treated any differently than "He is a liar." Relevant cases * '' Ollman v. Evans'' * '' Gertz v. Robe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law. Examples of federal governments include those of Australia, Brazil, Canada, Germany, Malaysia, Pakistan, Republic of India, Russia, the former Soviet Union and the United States. Australia Brazil Canada Germany India Malaysia Pakistan Russia United States The United States Constitution established through the supremacy clause that the United States Constitution and federal law takes precedent over state law. These powers include the authority to govern international affairs, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Law (United States)
In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of ''certiorari''. State laws have dramatically diverged in the ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Amendment
First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and record producer Albums * ''1st'' (album), a 1983 album by Streets * ''1st'' (Rasmus EP), a 1995 EP by The Rasmus, frequently identified as a single * '' 1ST'', a 2021 album by SixTones * ''First'' (Baroness EP), an EP by Baroness * ''First'' (Ferlyn G EP), an EP by Ferlyn G * ''First'' (David Gates album), an album by David Gates * ''First'' (O'Bryan album), an album by O'Bryan * ''First'' (Raymond Lam album), an album by Raymond Lam * ''First'', an album by Denise Ho Songs * "First" (Cold War Kids song), a song by Cold War Kids * "First" (Lindsay Lohan song), a song by Lindsay Lohan * "First", a song by Everglow from ''Last Melody'' * "First", a song by Lauren Daigle * "First", a song by Niki & Gabi * "First", a song by Jonas Brot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Comment
Fair comment is a legal term for a common law defense in defamation cases (libel or slander). It is referred to as honest comment in some countries. United States In the United States, the traditional privilege of "fair comment" is seen as a protection for robust, even outrageous published or spoken opinions about public officials and public figures. Fair comment is defined as a "common law defense hatguarantees the freedom of the press to express statements on matters of public interest, as long as the statements are not made with ill will, spite, or with the intent to harm the plaintiff". The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in '' New York Times Co. v. Sullivan'', 376 U.S. 254 (1964). This case relied on the issue of actual malice, which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the statement was true or false. If "actual malice" cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gertz V
Gertz is a surname. Notable people with the surname include: *Alejandro Gertz Manero (born 1939), Mexican politician and lawyer *Alison Gertz (1966–1992), AIDS activist *Bill Gertz, (born 1952), American editor, columnist and reporter for The Washington Times *Elmer Gertz (1906–2000), American lawyer, writer and civil rights activist *Irving Gertz (1915–2008), American composer *Jami Gertz (born 1965), American actress *Marc Gertz, American criminologist *Nurith Gertz (born 1940), Israel professor of Hebrew literature and film *Wanda Gertz (1896–1958), Polish army officer See also *Gertz (department store) *Gertz v. Robert Welch, Inc. ''Gertz v. Robert Welch, Inc.'', 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long ... * Gertze {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hustler Magazine V
Hustler or hustlers may also refer to: Professions * Hustler, an American slang word, e.g., for a: ** Con man, a practitioner of confidence tricks ** Drug dealer, seller of illegal drugs ** Male prostitute ** Pimp ** Business man, more generally, possibly self-employed or self-made * Hustler, someone who deceives others by hustling, usually in sports Arts, entertainment, and media Films * ''The Hustler'' (1920 film), a German silent film starring Hans Albers * ''The Hustler'', a 1961 American film adaptation of the Tevis novel starring Paul Newman as Felson * ''The Hustlers'' (film), a 2010 Finnish comedy film * ''Hustlers'', an alternate name of the 2013 film ''Pawn Shop Chronicles'' * ''Hustlers'' (film), a 2019 American crime drama film starring Constance Wu and Jennifer Lopez Music * "Hustler" (song), a 2006 house music single by Simian Mobile Disco * "Hustler", a song by Kano on the album ''140 Grime St'' * "Hustla", 2019 single by Kash Doll * "Hustlers", a song from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spence V
Spence may refer to: Places * Spence, Australian Capital Territory, a suburb of Canberra, Australia * Division of Spence, a federal electoral division in Australia * Spence, South Australia, a locality * Spence, Ontario, Canada, a ghost town People * Spence (surname), a list of people with the surname Spence * Spence (given name), a list of people with the given name or nickname Maritime vessels * , two ships of the Royal Navy * , a World War II destroyer * ''Spence'' (tugboat), a tugboat that sank in 2015 Other uses * Spence Diamonds, a Canadian jewelry retailer * Spence School, a day school for girls in New York City * Spence Air Base, Georgia, United States, a United States Air Force base from 1941 to 1961, reopened as: ** Spence Airport, Georgia, United States, a public-use airport * Spence Kovak, a fictional character played by Jeremy Piven See also * Spence Shale, the middle member of the Langston Formation in southeastern Idaho and northeastern Utah, United States * Spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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