Thursday, February 6, 2014
Joe King (Emeritus, Tennessee), in a recent issue of the Vermont Law Review, examines the issue of whether the NY Times standard for defamation should apply to statements about former public officials and former candidates. Those familiar with King's work know he favors the application of the NY Times standard to all defamation plaintiffs, regardless of the status of the plaintiff or the content of the speech. Within the confines of current doctrine, however, King recommends a fact-specific approach depending significantly on whether the conduct allegedly occurring was while the plaintiff was still in office or a candidate for office. King's article is at 38 Vt. L. Rev. 275 (2013).