The need to protect free speech on matters of governing importance--more than any other element of government--is the defining factor of a free society. Nowhere in the law is that prospect more clearly explained than in the opinion in Times v. Sullivan. This special issue provides an example of the breadth and scope of Times v. Sullivan and the ways in which the case continues to impact the jurisprudence of free expression. It is introduced by two essays designed to provide an overview of the case, providing insights into the origins of the dispute the Court was called upon to settle. The next four articles are testimony to breadth the opinion in this case, particularly dealing with aspects not often considered. Combined, they all demonstrate the lasting significance of what may be the most important free expression case the Court has delivered.
Volume 9, Number 4, 2004
Contents: ESSAYS: K.L. Hall, "Lies, Lies, Lies": The Origins of New York Times Co. v. Sullivan. R.M. O'Neil, New York Times Co. v. Sullivan: A First Ammendment Lawyer's Retrospective. ARTICLES: G.C. Lisby, No Place in the Law: The Ignominy of Criminal Libel in American Jurisprudence. S.D. Ross, R.K. Bird, The Ad That Changed Libel Law: Judicial Realism and Social Activism in New York Times Co. v. Sullivan. R.L. Kerr, From Sullivan to Nike: Will the Noble Purpose of the Landmark Free Speech Case Be Subverted to Protect False Advertising? C.A. Pedrioli, A Key Influence on the Doctrine of Actual Malice: Justice William Brennan's Judicial Philosophy at Work in Changing the Law of Seditious Libel.