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The Constitutional Fault Test of Gertz v. Robert Welch, Inc. and the Continued Viability of the Common Law Privileges in the Law of Defamation

Abstract

Gertz v. Robert Welch, Inc. announced an end to strict liability for media defendants in defamation suits by private plaintiffs. In discussing the implications of this case, the author considers the viability of the common law privileges in defamation law and proposes several constitutionally permissible standards of liability that take into account the policies behind the privileges.

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20 Ariz. L. Rev. 799 (1978)

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Authors

Richard L. Barnes (University of Arizona)

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