Palin Defamation Suit Falls Short of Legal Standard

Former GOP Vice presidential candidate Sarah Palin's defamation lawsuit against the NY Times was dismissed from US District Court in Manhattan as defective on its face. If. as alleged, the NY Times printed minor falsehoods in an editorial that were quickly corrected, the Palin cannot prove the necessary actual malice. As a public figure, Palin cannot make-out her defamation claim unless she can prove that the NY Times knew the statements were false or acted with reckless disregard for their truth. Referring toe the alleged actions of the Times, the times, the federal judge stated, "negligence this may be; but defamation of a public figure, it plainly is not."

Read the story here. 

The Times referred to Palin's PAC distribution of images showing people in rifle site crosshairs as inciting violence against public officials. The statement was corrected to state that the crosshairs were placed over Congressional Districts on a map, and not on images of people.  See the image below for an example:

President Elect Trump and Free Speech. Is it Good to Be King?

President elect Trump has opined that people who burn the American flag should be punished (jailed or lose citizenship).  However, he has failed to denounce use of the American flag as a symbol by the KKK, an avowed racist group, or of the Confederate Flag, an avowed racist symbol.

Justice Brennan, in Texas v Johnson:

The best way to preserve the flag’s special role in our lives is not to punish those who feel differently but to persuade them that they are wrong.  We do not honor our flag by punishing those who burn it, because in doing so we diminish the freedom that this cherished emblem represents.

Even Mitch McConell rejected a Constitutional Amendment to overturn Johnson, writing:

No act of speech is so obnoxious that it merits tampering with our First Amendment. Our Constitution, and our country, is stronger than that. Ultimately, people like that pose little harm to our country. But tinkering with our First Amendment might.

Justice Scalia famously stated:

If I were king, I would not allow people to go around burning the American flag -- however, we have a First Amendment which says that the right of free speech shall not be abridged -- and it is addressed in particular to speech critical of the government.

Does Trump suppose himself to be King? 

He has suggested that he will change defamation laws to dilute freedom of the press and allow public figures to more easily sue the media for defamation. Is he unaware that defamation law is state common law and not federal law? And that if it were, he doesn't have the power to change them?  And in any event, there is the Constitution?

Perhaps he sees the Constitution as merely another of those vexing regulations that must be immediately eliminated.

Who would have thought that when Trump went to Washington to clean things up, he intended to throw out freedom and democracy with it?  -  other than the 70 Million people who voted against him.

Sad.

Fictional President Andrew Shepard explains why burning the American flag is as patriotic as saluting it:

First Amendment in Song

Lyrics by the U.S. Congress (1789).

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The Story of Citizens United

The video below was shared on the ALSB listserve some time ago.  Unfortunately, I don't remember who shared it so I can't acknowledge the credit that is well deserved . Since this blog has a potential reach beyond the ALSB membership and the video is now available on YouTube, I am embedding it below.

I think that there are a number of ways to use this video in class.  I use it in an ethics lecture, emphasizing the video's description of the history of the corporation and leading into a discussion about different ethical standards and considerations for human persons and corporations (fictional persons).

To aid in discussing the Citizens United v. FEC case, I have also added below a trailer for the movie Hillary and an ad for the prospective DVD release of the movie that prompted Citizens United to seek judicial determination of its rights.

Law Music Video - First Amendment Karaoke

This week's installment in the "Law Music Videos" series is The First Amendment Kareoke (sic) from The Reverend Billy and The Church of Stop Shopping Choir. Law music videos played before your class starts will positively contribute to learning. "Bill of Rights-Eluia!!"

Featured Case - Hustler v. Falwell: Intentional Infliction of Emotional Distress

The U.S. Supreme Court opinion in this case is well known both in and out of the academy. Access to a picture of the "ad parody" is readily available.  A copy is reproduced below.  Less available is a picture of the Campari ad campaign which the Hustler ad parodied. A copy is provided, below. Also provided below is a clip from "The People vs. Larry Flint" dramatizing the argument before the Supreme Court in Falwell.

Featured Website: NY Times v. Sullivan - The Full Page Ad

Thanks to English Professor Jean Goodwin the New York Times full page ad that was the subject of this famous case is readily available in both facsimile and in text formats.  Professor Goodwin has also summarized the allegedly false statements giving rise to the defamation claim. The link to her main site for the case is here.

Here are some images of Montgomery Alabama Commissioner L.B. Sullivan: