Q: Give an introduction to the Tort Law and the First Amendment.
-Introduction: These cases deal with the extent that tort law
limits free speech rights. Most of these cases deal with the tort of
libel. Prior to 1964—when the U.S. Sup. Ct. decided New York Times
v. Sullivan—the First Am. was generally considered irrelevant to
libel law. Chaplinsky and, for example, upheld group libel laws
since libelous utterances were not “within the area of
constitutionally protected speech.” But with the NY Times v.
Sullivan, the US Sup Ct reversed course, and held that in certain
instances the First Am. did indeed protect libel.
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