Who Does the First Amendment Protect?: Why the Plaintiff Should Bear the Burden of Proof in Any Defamation Action

Hagans, William G.
June 2007
Review of Litigation;Summer2007, Vol. 26 Issue 3, p613
Academic Journal
The article presents the author's views on legal issues related to defamation suits in the U.S. According to the author, the First Amendment of the U.S. Constitution has tended to extend protection to defendant by placing the burden of proof on plaintiff, with regard to the truthfulness of a statement in defamation cases. The author argues that falsity of the statement must be proved by a preponderance of the evidence.


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