Back Issues & Abstracts

Note: 

Craig Smyser, Protecting the Public Debate:  A Proposed Constitutional Privilege of Accurate Republication, 58 TEXAS L. REV. 623 (1980). 

The Supreme Court’s opinion in New York Times v. Sullivan extended constitutional protection to defamation to encourage frank and robust debate about public issues.  Statements made about public officials, even if false, are not actionable unless made with actual malice.  However, this principle is incomplete, because statements made by public officials also contribute significantly to the public debate.  Even if these statements are false, the public learns something about the veracity of its leaders.  Therefore, this Note proposes that statements by public officials ought to be afforded the same protection as statements about public officials.