Pyrrhic Victories and Glorious Defeats: Why Defendants Are Winning and Plaintiffs Are Losing the Struggle over Actual Malice and Fictionalized Quotation

Authors

Richard A. Gonzales, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1991

Abstract

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

Publication Title

St. Mary's Law Journal

Volume

22

First Page

1037

Last Page

1074

Keywords

Journalism, Libel

Recommended Citation

Richard A. Gonzales, Pyrrhic Victories and Glorious Defeats: Why Defendants Are Winning and Plaintiffs Are Losing the Struggle over Actual Malice and Fictionalized Quotation, 22 St. Mary's Law Journal 1037 (1991).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/616