Chapter eight details how the "public-issue" standard was jet- tisoned and replaced with a secondary constitutional privilege al- lowing discussion with defamatory falsehoods about private individuals, provided those falsehoods were not published negli- gently. Finally, chapter nine examines decisions of the Burger Court that have narrowly interpreted the judicially determined constitu- tional privileges, giving plaintiffs the benefit of doubt in their efforts to obtain damages for libelous falsehoods. Despite the fluctuation in the Court's philosophy from time to time--including the subtle shift by today's Court--the decisions show a continuous march for freedom of speech and press. They do not, by any means, show the extremely broad picture relating to free speech and press. But they do show a meaningful picture in an important area. It is this picture, concerning libel alone, that is presented to the reader. In writing this book, I have drawn on understandings gained from classrooms and colleagues and from some twenty-five years experience as a journalism practitioner and educator. Hopefully these understandings and experiences have provided adequate background for proper interpretations of the law. I do not, how- ever, expect an error-free presentation and am quick to admit that the errors are mine alone. Nevertheless I was not alone in this project and would like to gratefully acknowledge the support given by Dr. Leonard A. Granato and Mrs. Nell Rorie of the University of Arkansas at Little Rock. Additionally I am particularly thankful for the expert assistance of my wife, Claudetta, and the most excellent work of Teresa White, who as an editor of the Southern Illinois University Press has been my "backstop" for two books. Above all, though, I wish to single out Dr. Howard R. Long, my mentor since graduate studies at Southern Illinois University. His suggestions, advice, and guidance have been invaluable. To him, I dedicate this book. Little Rock, Arkansas CLIFTON O. LAWHORNE July 1980 -xiv- |