Libel reconsidered: The troubled legacy of New York Times v. Sullivan

Abstract

The article examines developments in libel law since New York Times v. Sullivan (1964). Drawing upon the concept of pendulum swings, the article looks at the expansion and contraction of constitutional and procedural standards for libel. The analysis presented here views the New York Times v. Sullivan (1964) as a paradigm case, but it argues that libel historically has undergone major fluctuations in doctrine while attempting to maximize either reputation or freedom of expression. This article contends that the law of libel has had a troubled and uneven development in the aftermath of New York Times v. Sullivan. The article also discusses libel cases in cyberspace and the controversial role of an Internet service provider.