A collection of opinionated commentaries on culture, politics and religion compiled predominantly from an American viewpoint but tempered by a global vision. My Armwood Opinion Youtube Channel @ YouTube I have a Jazz Blog @ Jazz and a Technology Blog @ Technology. I have a Human Rights Blog @ Law
Sunday, April 30, 2017
Trump has no understanding of Constitutional Law or THe First Amendment. Trump Administration Still Considering Making It Easier To Sue Media | The Huffington Post
Trump directly attacking The First Amendment and as usual he is completely ignorant of Constitutional Law. "Held: A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. Pp. 265-292.
(a) Application by state courts of a rule of law, whether statutory or not, to award a judgment in a civil action, is "state action" under the Fourteenth Amendment. P. 265.
(b) Expression does not lose constitutional protection to which it would otherwise be entitled because it appears in the form of a paid advertisement. Pp. 265-266. [p255]
(c) Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless "actual malice" -- knowledge that statements are false or in reckless disregard of the truth -- is alleged and proved. Pp. 279-283." 376 U.S. 254 New York Times Co. v. Sullivan
Trump Administration Still Considering Making It Easier To Sue Media | The Huffington Post
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