Legal Opinion

Henry v. Lake Charles American Press, L.L.C.

Court of Appeals for the Fifth Circuit

Decided April 15, 2009No. 08-30201PublishedCited by 140 opinions

1Opinion of the Court

PRADO, Circuit Judge:

In the forty-five years since the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), courts and legislatures have endeavored to strike a balance between individuals’ interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling effect of abusive tort claims for conduct stemming from the exercise of First Amendment rights. While these efforts have shielded individuals from the chill of…

2Cases cited56 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  5. Elrod v. BurnsSupreme Court of the United States · 1976

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3Cited by140 opinions

  1. Yasser Abbas v. Foreign Policy Group, LLCCourt of Appeals for the D.C. Circuit · 2015
  2. In Re: Rolls Royce CorporationCourt of Appeals for the Fifth Circuit · 2014
  3. Barnett v. Hall, Estill, Hardwick, GableCourt of Appeals for the Tenth Circuit · 2020
  4. Godin v. SchencksCourt of Appeals for the First Circuit · 2010
  5. Wayne Klocke v. University of TX at ArlingtonCourt of Appeals for the Fifth Circuit · 2019

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