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54 Tex. L. Rev. 1221 (1975-1976)
Defamation and Freedom of the Press

handle is hein.journals/tlr54 and id is 1249 raw text is: Defamation and Freedom of the Press W. Page Keeton* Safeguarding the reputations of individuals, the goal of defa- mation law, intrinsically conflicts with the fundamental societal values of free expression and free press. Judicial grappling with these competing policies has produced complex, overly technical defamation rules, which diminish decisional predictability and squander judicial resources. While English reformers have em- phasized the simplification of doctrinal formulations, the United States Supreme Court has attempted to shield the press from defamation judgments that would inhibit publication of matters of public concern. Dean Keeton compares the English andAmerican defamation principles, including the various privileges to defame and defenses to liability; he suggests that the law of defamation can be simplified without upsetting the proper balance between protecting personal reputations and encouraging the free interchange of ideas. To recover for defamatory falsehoods, Keeton argues, all plaintiffs should have to demonstrate that defendants knew of the falsity of their statements or had no reasonable basis for believing the statements to be true. He also rationalizes the principle that no liability should result from the publication of defamatory opinions as opposed to defamatory facts. I. Introduction Good name in man, and woman, dear my lord, Is the immediate jewel of our souls. Who steals my purse steals trash. 'Tis something, nothing; 'Twas mine, 'tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.' Historically, the individual's interest in the enjoyment and maintenance of a good reputation has been regarded as so socially significant that both * W. Page Keeton Professor of Law in Torts, The University of Texas. B.A. 1929, LL.B. 1931, The University of Texas; S.J.D. 1936, Harvard University. 1. Shakespeare, Othello, IlI.iii. 155-61 (lago). 1221

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