Free Press Doesn’t Mean Freedom to Break the Law, But Police Shouldn’t Arrest Journalists Published July 2023 By Eric P. Robinson, USC School of Journalism and Mass Communications Last month two reporters for the left-leaning The Asheville Blade in North Carolina were convicted of misdemeanor trespassing for not leaving when...
Is “Actual Malice” Really Not an Insurmountable Hurdle?
Is “Actual Malice” Really Not an Insurmountable Hurdle? Published May 2023 By Eric P. Robinson, USC School of Journalism and Mass Communications This column has repeatedly discussed the numerous attacks on the landmark New York Times v. Sullivan precedent and the “actual malice” standard that it added to American libel...
Even if Public Records Are Wrong, Accurately Reporting Them is Protected
Even if Public Records Are Wrong, Accurately Reporting Them is Protected Published April 2023 By Eric P. Robinson, USC School of Journalism and Mass Communications The “fair report” privilege is a legal doctrine accepted in South Carolina and most other states which provides that a publisher is not liable for...
Libel without a name?
Libel without a name? Published October 2022 By Eric P. Robinson, USC School of Journalism and Mass Communications A parent’s apparently false allegation at a public November school board meeting that an administrator in Richland County School District Two had strip searched his daughter led to a defamation lawsuit against...
Holy Cow!: Troubling Appeals Court Ruling Holds that Tweet Link May Be Libel, Though the Linked Article Is Not
Holy Cow!: Troubling Appeals Court Ruling Holds that Tweet Link May Be Libel, Though the Linked Article Is Not Published Oct. 2021 By Eric P. Robinson, USC School of Journalism and Mass Communications You may have noticed that California Congressman Devin Nunes is in the news. If you’re interested in...
If this Headline Catches Your Attention, Can it be Libel?
If this Headline Catches Your Attention, Can it be Libel? Published March 2020 By Eric P. Robinson, USC School of Journalism and Mass Communications A news headline – whether on the printed page or online – is meant to draw attention to the article that follows. It is a short,...
South Carolina Appeals Court Ruling Outlines Libel Law Principles
South Carolina Appeals Court Ruling Outlines Libel Law Principles Published Nov. 2019 By Eric P. Robinson, USC School of Journalism and Mass Communications On Nov. 6, a three-judge panel of the South Carolina Court of Appeals affirmed the grant of summary judgment to the former owner of the Charleston City...
Is New York Times v. Sullivan in danger?
By Eric P. Robinson, USC School of Journalism and Mass Communications | The basis of modern American media law is the 1964 ruling in New York Times v. Sullivan, in which a unanimous U.S. Supreme Court recognized that the First Amendment required that limitations be placed on defamation law. But...
Rhetoric aside, libel and media law haven’t changed that much
By Eric P. Robinson, USC School of Journalism and Mass Communications | In an initiative fostered by the Boston Globe, newspapers and other news organizations are publishing editorials this week—primarily this Thursday, Aug. 16—denouncing President Trump’s frequent attacks on the news media, including his assertion that the media are “the...
When perceived libel gets deadly
By Eric P. Robinson, USC School of Journalism and Mass Communications | There is obviously no justification for the shootings at the Capital Gazette in Annapolis, Md., which killed five of the newspaper’s staff and injured two. But in the aftermath of the incident many have looked for causes, including...
Washington woes, a Charleston charade and some hope
By Eric P. Robinson, USC School of Journalism and Mass Communications | When I was a legal fellow at the Reporters Committee for Freedom of the Press we had an “outrage meter” drawn on one of the whiteboards in the reception area. The “needle” on the meter would be redrawn...
Only one star, but several legal issues
By Eric P. Robinson, USC School of Journalism and Mass Communications | A lawsuit by a Charleston psychiatrist over a single star review on Google raises several legal issues regarding standards for the social media era, including issues that apply equally to traditional media.
The Dilemma of Group Libel: How big is it?
By Eric P. Robinson, USC School of Journalism and Mass Communications | An ongoing story in the state in recent weeks has been the suspension of the Coastal Carolina University cheerleading team amidst allegations that some team members worked as strippers and escorts, provided alcohol to minors and payed other...
About ‘of and concerning,’ and libel under Trump
By Eric P. Robinson, USC School of Journalism and Mass Communications | A pair of sisters who were until recently students at the Medical University of South Carolina sued The Post and Courier for libel last month over articles alleging that although they had been found to have cheated on...
Donald Trump and Libel
By Eric P. Robinson, USC School of Journalism and Mass Communications | Whatever you think of Donald Trump, it is clear that he does have much regard for the media. In addition to threatening to sue news outlets that published stories about his comments and behavior – despite his poor...