Libel laws and the non-institutional press. Issue 2 (3rd July 2021)

• Record Type: Journal Article
• Authors: Docter, Sharon
• Is Part Of: First amendment studies. Volume 55:Issue 2(2021)
• Page Start: 175
• Page End: 193
• Publication Date: 2021-07-03
• Subjects: Libel -- defamation -- journalist -- blogger -- social media; Freedom of speech -- United States -- Periodicals; Freedom of speech -- Periodicals; 323.44
• DOI: 10.1080/21689725.2021.1986414
• Languages: English
• ISSNs: 2168-1430

Abstract

ABSTRACT: This paper will argue that non-institutional media such as bloggers should be accorded the same First Amendment protection as institutional media under libel laws. Supreme Court precedent supports making no distinction between the institutional and non-institutional media. The status of the plaintiff is relevant in libel actions, not the status of the defendant. Moreover, when bloggers disseminate information that is a matter of public concern, they are functioning as journalists. Many federal courts have adopted this functional approach when determining whether bloggers can be protected by shield laws. This paper argues that the same standard should apply to libel laws.