Ten years have passed since the Supreme Court decided Gertz v. Robert Welch, Inc. and introduced "fault" analysis into defamation cases. The author examines how the courts have approached the determination of a defendant's fault in the years since Gertz. He further reviews recent statistical data and insurance trends, and analyzes the impact that the emergent negligence standard has had on libel litigation.
Marc A. Franklin,
What Does Negligence Mean in Defamation Cases,
6 Hastings Comm. & Ent. L.J. 259
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol6/iss2/1