News Media and the Law, January 1st, 2005
The only case in which the U.S. Supreme Court has referred to the "neutral reportage" privilege was in 1989's HarteHanks Communications Inc. v. Connaughton, which involved a judicial candidate who sued a newspaper for publishing an accusation by a grand jury witness that he had engaged in "dirty tricks."
At issue was whether an appeals court had determined that the plaintiff clearly and convincingly proved actual malice.
In a footnote, the Supreme Court noted that the trial court had rejected a neutral reportage defense because the accuser did not qualify as a "responsible, prominent" speake...
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