Is The New York Times Actual Malice Standard Really Necessary? A Comparative Perspective

In New York Times Co. v. Sullivan, the United States Supreme Court extended First Amendment guarantees to defamation actions. Many greeted the Court\u27s decision with joy. After the decision, many years elapsed during which there were virtually no recoveries by public officials in libel actions. The most important component of the New York Times decision was its actual malice standard. This standard provided that, in order to recover against a media defendant, a public official must demonstrate that the defendant acted with malice. In other words, the official must show that the defendant knew that the defamatory statement was false or acted in reckless disregard for the truth. The Court adopted this standard because it felt that free and robust debate inevitably generates erroneous statements, and that some degree of error must be tolerated in order to provide breathing space for free expression. But the New York Times decision may no longer be providing the breathing space that it once did. Recent studies suggest that libel litigation in the United States is increasing\u27 and that defamation awards occur more frequently and in much larger amounts. Not only is libel litigation on the increase, but the cost of that litigation has become prohibitive. This is due, in part, to the fact that the actual malice standard encourages plaintiffs to seek extensive discovery of editorial decision-making processes. Despite these dire assessments, it is possible to argue that the New York Times decision still provides adequate protection to libel defendants. Indeed, one might even argue that it provides too much protection. British defamation law is significantly more restrictive than U.S. law. British plaintiffs have been able to recover substantial judgments against newspapers and broadcasters. Nevertheless, the British press seems to be free and robust. England has plenty of newspapers, including tabloids and scandal sheets. Moreover, throughout Britain, there seems to be more concern about the need to control the press, in an effort to prevent irresponsible journalism, than there is about the need for an actual malice standard. The British situation raises questions about the need for an actual malice standard in the United States. This question is not purely academic. If the standard is not necessary, then a strong argument can be made for eliminating it. Every defamation case involves a conflict between the public interest in free speech, and the state interest in providing redress to those who have been defamed. If the actual malice standard is not essential to insure breathing space for free expression, then it should be abandoned. In an effort to explore these conflicting views of the New York Times decision, this article compares how the British media functions under Britain\u27s more restrictive defamation laws with how the U.S. media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decisionmaking

The Northern Ireland Broadcasting Ban: Some Reflections on Judicial Review

This Essay initially examines the British government\u27s ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban\u27s legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests that the system of judicial review in the United States cannot be said to be unnecessary

Mole drainage for increased productivity in the south west irrigation area

Heavy soils, with low rates of soil-water movement, such as those found in the South-West Irrigation Area (SWIA), require closely spaced (2-6 m apart) subsoil drainage systems to provide sufficient water movement to control the effects of salt-waterlogging on pastures. Such close spacing using traditional buried pipe or tile drainage systems is impractical. As a result, mole drainage systems, used in other parts of the world for over 50 years, have gained popularity in the SWIA in recent years. This Bulletin Farmnote reports the current ‘best-bet’ mole draining technique for SWIA conditions gathered from observations over a number of years from several mole drainage systems installed by Agriculture WA and members of the Dardanup and Wellesley LCDCs.https://researchlibrary.agric.wa.gov.au/bulletins/1123/thumbnail.jp

NASA's space platform technology program and planning

As part of the Civil Space Technology Initiative, NASA has established a space platform technology program which encompasses two ongoing programs as well as active planning for new platform initiatives in such areas as advanced heat rejection technologies, advanced space suits, advanced life support, and better support equipment (refrigerators, furnaces, etc.). Platform technology is extremely important because it provides both the basis for future missions and enhanced national competitiveness in space

Hydrological impacts of integrated oil mallee farming systems

This study reports on the results from investigations at four sites into the effect of commercial-scale oil mallee systems on localised groundwater systems over seven years. It also reports the results of the use of a numerical model to forecast potential longer term impacts

Silcrete hardpan in the north-eastern wheatbelt : hydrological implications for oil mallees

Silcrete is a brittle, intensely indurated rock comprising primarily quartz grains cemented with siliceous allophane. It occurs at 1.5 to 7 metres deep and is often several metres thick and extremely hard, requiring excavation. This Report discusses the extent of silcrete layers in the north-eastern wheatbelt area of Western Australia, the effects of silcrete on water absorption by the soil, and the effects of this physical obstacle on the growth and expansion of oil mallee trees of the region

Optical properties monitor: Experiment definition phase

The stability of materials used in the space environment will continue to be a limiting technology for space missions. The Optical Properties Monitor (OPM) Experiment provides a comprehensive space research program to study the effects of the space environment-both natural and induced-on optical, thermal and space power materials. The OPM Experiment was selected for definition under the NASA/OAST In-Space Technology Experiment Program. The results of the OPM Definition Phase are presented. The OPM Experiment will expose selected materials to the space environment and measure the effects with in-space optical measurements. In-space measurements include total hemispherical reflectance total integrated scatter and VUV reflectance/transmittance. The in-space measurements will be augmented with extensive pre- and post-flight sample measurements to determine other optical, mechanical, electrical, chemical or surface effects of space exposure. Environmental monitors will provide the amount and time history of the sample exposure to solar irradiation, atomic oxygen and molecular contamination

Greener pastures 6 - Managing soil acidity in dairy pastures

During 1999-2009, soil testing for pH (in CaCl2) was used to determine lime application for 48 paddocks at the Vasse Research Centre at Busselton, in the south-west of Western Australia (WA). Paddocks had been grazed intensively by dairy cows and their young stock over a period of 10 years, as part of the Vasse Milk Farmlets and Greener Pastures farming system projects. Pasture consisted of annual ryegrasses with some subterranean clover. Soils in the 48 paddocks were 1-2 m sand to sandy loam over massive clay, known locally as Abba sand. For many soils in the region, including Abba sands, the topography is flat and the soils are waterlogged from June to early September in the typical May to November growing season. No major liming program had been undertaken in the 48 paddocks before April 1999, and soil testing in 1999 indicated soil pH for the top 10 cm of soil was 4.0-5.0 in all paddocks. Soil acidification was therefore identified as a major problem, and a liming program was undertaken to rectify the problem, starting in 1999.https://researchlibrary.agric.wa.gov.au/bulletins/1127/thumbnail.jp