In Message Tue, 1 Feb 1994 18:04:46 -0500, Donald Berman <berman[_at_]ccs.neu.edu> writes:
> On the other hand, the
>teacher were discussing the current law of libel and a particular case
>was of pressing importance (The recent New Yorker article about the
>pyschiatrist) then I would say one can not discuss the issue without
>dealing with the express allegations. I would predict that a court
>would not find the instructor libel.
Sure, but that's not because of some general privilege to repeat defamatory matter; it is an application of the specific reporters' privilege relating to judicial proceedings (that's why I can use the New Yorker case itself in my defamation casebook). Again, we can't use the instructional setting as the vehicle for republishing a libel absent some other applicable privilege. I think Harvey clearly sets out the rationale.
shalpern[_at_]magnus.acs.ohio-state.edu
Sheldon W. Halpern
Ohio State University College of Law
Phone (614) 291-7525 (voice); (614) 291-3554 (fax)
Received on Wed Feb 02 1994 - 22:45:28 GMT
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