Freedom of Speech · Module 5
Disfavored Categories of Speech, Part II: Defamation and Emotional Distress
Reputation against speech. New York Times v. Sullivan constitutionalises defamation and the actual-malice standard reorganises the whole tort; Hustler extends the logic to emotional distress.
Assigned reading
Chemerinsky, Constitutional Law (7th ed. 2023) — 1297–1319.
The casebook is the assigned text for this course. This page is the map: what the Module is doing, in what order, and what goes with it.
Topics
Defamation and the constitutionalization of tort law. Public officials, public figures and matters of public concern. Intentional infliction of emotional distress.
Reading list
0 of 4 readings published · the rest are in preparation and will appear here as they are edited
- Opinion New York Times Co. v. Sullivan
- Opinion Gertz v. Robert Welch, Inc.
- Opinion Hustler Magazine v. Falwell
- Opinion Snyder v. Phelps
Classroom visuals
This module in Canvas
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How to read this list
A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.