Posts from May 2010.
Posted in Defamation

The answer, of course, is a resounding no (and no, snarky readers, not because of the libel-proof plaintiff doctrine).

The surprising thing about that question, is not the answer, but rather that nearly 50 years after the United States Supreme Court's landmark defamation decision N.Y. Times Co. v. Sullivan the question still has to be asked in the context of a current lawsuit.

The lawsuit giving rise to the headline was brought by Steve Theriot, interim president of Jefferson Parish, Louisiana and by the Parish itself.  In it, the plaintiffs claim that John Does 1 through 100 -- all ... Read More 

Posted in First Amendment

The U.S. District Court for District of Hawaii issued an order on May 7, 2010, denying a federal candidate’s request to be included in a televised debate among the candidates for a seat in the U.S. House of Representatives. The order is available here.

Fourteen candidates are in the race to fill a vacant seat in the House. Television station KITV, Honolulu, Hawaii, in partnership with the League of Women Voters, chose three candidates to participate in the televised debate on May 7. One of the candidates who was not selected to participate filed a lawsuit against the station and ... Read More 


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