Constitutionalizing Libel Law - Assignment Example

Libel Law Mayor Smith is right to sue for libel because all the conditions have been met. For once, the newspaper statement issued about him. This statement has to be publicized e.g. written or spoken during an interview etc. in this case; Funicello made her allegations in a public testimony. The statement has to be intentional by the person making it. Publication of such statements must involve a third party who has seen, heard or read the statement. Finally, the issued statement has caused injury to the subject of the statement and is unprivileged.

This means that it has damaged the reputation of the Mayor. A statement no matter how hurtful if it turns out true, it cannot be sued. The first legal rule from the New York Times Co .v. Sullivan was the “first amendment to the united state constitution” which prohibits infringing the freedom of the press, and restricts the right to prohibit the petitioning for a governments redress of grievances. This adopted on December 1791. (Cornell University, N.P). Secondly was the “fourteenth amendment to the constitution of United States” which limits the actions of all state and local officials.

It prohibits local government officials from relieving persons of life or belongings without the authorization of legislature (Nelson, 49).The common law defense applicable here is necessity. The newspaper author can say they did it to prevent further damage from occurring or to reduce/ stop the current damage. The mayor asks for the notes so that the jury can access the files point by point. This was crucial as it can provide some useful false information by the newspaper. The judge can agree with this as well as his request that the newspaper answer a series of questions.

This would help unfold new facts and convince the mayor when a final verdict gets reached. The same rule that governs the mayor’s lawsuit does not wholly apply to President Ed Brown because his case has not been seriously mentioned or proven as the newspaper only said,” he has to know what is going on” . This is quite different because the mayors case was provable. Works cited:Cornell University law School Information Institute.

“First amendment to the United State constitution” 2013 N.p, web. Retrieved 3rd Feb/ 2014. From http://www.law.cornell.edu/wex/first_amendment William. N,E. “The fourteenth Amendments from political principle to judicial doctrine.” Cambridge. Harvard University press. 1998, pg.47. Print