A Brief History of US Defamation Law: 1970s – Internet Age

US defamation law history**This is the second article in our mini-series on the history of US defamation law. If you missed the first part, click here.**

In the 1970s, US defamation law continued to mold itself to changing societal norms. And today, because of the Internet, libel and defamation legislation is, once again, taking center legal-stage.

The Supreme Court Clears up the Difference between an Opinion and Defamation

Elmer Gertz was a well-respected, civil rights attorney. Famous, too. He’d represented Nathan Loeb (of Leopold and Loeb fame) and also played a part in Henry Miller’s Tropic of Cancer obscenity trial.

In 1968, the notoriously radical John Birch Society publicly labeled Gertz a communist sympathizer. As one would expect, attorney Gertz filed a libel suit. And after 14 years of trials and appeals, Elmer prevailed. Moreover, the decision in his case set case law precedence.

In Gertz, the Supreme Court established:

“Under the First Amendment, there is no such thing as a false idea.”

In other words, you can’t cry defamation if the offending statements are a matter of opinion.

In the end, Gertz was awarded $500,000 and promptly boarded a cruise around the world with his wife. At nearly every port, Mr. and Mrs. Gertz sent “wish you were here” postcards to the John Birch offices.

Hustler Magazine, Inc. v. Falwell

History of US Defamation: Falwell v. FlyntIf you’ve never seen The People vs. Larry Flynt, queue it on Netflix. A riveting film, it details one of the most important cases in the history of US defamation law — the First Amendment feud between Hustler Magazine founder Larry Flynt and televangelist Jerry Falwell.

A cartoon anchored the Falwell v. Flynt turned Flynt v. Falwell legal saga: A depiction of Falwell, his mother, and an outhouse — the parody appeared in Hustler Magazine. Outraged, Falwell sued the publication for defamation — and won. An appeals court, however, overturned the decision, and then the Supreme Court of the United States upheld that:

  1. Public figures, who sue for defamation, cannot collect damages for emotional distress. (This is not the same for privacy citizens); and
  2. The cartoon in question was not libelous because most people would recognize it as a parody and therefore not reasonably believable.

Attempting to Tame the Internet

The defamation status quo prevailed for decades; then, like the Borg, the Internet crashed into our lives. When America first “plugged in,” the so-called “Information Superhighway” was something akin to the Wild West. As zombo.com reminded us: “online, the infinite was possible” and rules were few and far between.

One of the first cases to tackle the emerging legal arena of Internet defamation law was Stratton Oakmont, Inc. v. Prodigy Services Co. The plaintiffs, Stratton Oakmont (Yes! It is the same Stratton Oakmont depicted in The Wolf of Wall Street), went after Prodigy over smack-talk on Prodigy’s financial forum. Stratton Oakmont lawyers argued that under common law defamation standards, Prodigy should be considered the publisher of the comments and therefore held liable.

It’s hard to believe today — now that we know what we know about Stratton Oakmont — but in 1995, Prodigy was found guilty of defamation.

The case birthed a backlash; free speech advocates and Internet pioneers rightly argued that the Stratton v. Prodigy ruling couldn’t stand. If it did, the Internet would not be able to grow into a bustling hub of international e-commerce.

Ultimately, politicians agreed with the backlash, and the case was effectively nullified by  the 1996 Communications Decency Act, which essentially absolves search engines and webmasters of defamation liability over user comments.

What Will Be The Next Chapter In The History of US Defamation Law?

As we continue to push technological fronteirs, expect to see the nation’s libel and defamation laws change — right alongside the Web.

For more information on Internet defamation, go here.

To read the first “History of US Defamation” blog post, go here.

Let's Talk » »
Legal Disclaimer | Privacy Policy | Terms of Service
© 2017 Kelly Warner Law PLLC. All Rights Reserved.
800: 1-866-570-8585
Office: 480-588-0449