About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 UCLA Ent. L. Rev. [i] (1995-1996)

handle is hein.journals/uclaetrlr3 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 3 Number 1 Fall 1995 ARTICLES Nine Characters in Search of an Author: The Supreme Court's Approach to Falsity in Defamation and Its Implications for Fiction Glenn J. Blumstein . ................................1 In defamation law, false statements alleged to be fact are outside the protection of the First Amendment. The Supreme Court has struggled with the issue of how to apply a falsity standard to works of non-fiction that do not make descriptive truth claims, such as journalistic reporting and parody. The falsity analysis developed by the Court includes an inquiry into whether the statement contains a factual assertion and is capable of being proven false. Such an analysis fails to take into account fundamental differences between fiction and non-fiction. This Article suggests that works of fiction are not given adequate protection and proposes modest alterations to defamation law. Incongruity, or satiric fantasy, should be treated as another category of non-fiction, in addition to hyperbole. Whereas hyperbole is exaggeration built upon a kernel of truth, incongruity shows the viewers exactly the opposite of what is expected, with no base factual assertion. Courts have avoided this by saying that completely unbelievable fiction is immune from liability, leading to wildly unpredictable judgments and a resulting chilling effect on satire. In addition, this Article encourages the Court to give more weight to qualifiers such as I think, or disclaimers such as opinion or satire. The current law requires ignoring all clues exterior to the text itself in determining whether a statement is purportedly fact, or if it is an idea protected by the First Amendment. Disclaimers could be taken at face value if the Court gave consideration to the full context of the statement and broader social impact.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most