This presentation provides a primer on the basics of defamation law. Since the Supreme Court’s seminal 1964 decision in New York Times v. Sullivan, courts and commentators have interpreted the First Amendment as providing expansive protections for speakers—particularly the press—so that debate on issues of public importance is “uninhibited, robust, and wide-open.” We’ll walk through the current doctrinal frameworks for evaluating defamation claims, discuss the competing values underlying these frameworks, and explore modern developments in defamation law—including the current threat to Sullivan itself. This presentation is meant to be interactive: using hypotheticals and examples from the Clinic’s cases, attendees will have the opportunity to apply newly-learned principles of defamation law to concrete examples in real time.
