A Constitutional Revolution in the Law of Libel: New York Times and Gertz Applied

Observes the complex set of privileges the common law developed in order to foster the free exchange of ideas while preserving the reputational interest. The author notes that the most important privilege was the fair comment rule. By juxtaposing the New York v. Sullivan and Gertz v. Robert Welch cases, the author analyzes the two conflicting interests of the state’s that redresses defamatory attacks upon reputation and that of effective self-governance in the first amendment.