J 350F Lecture Notes - Lecture 10: Punitive Damages, Neutral Reportage, Actual Malice
Document Summary
Damage to reputation hard to deine, but those with good reputations or in prominent positions stand to lose more. Allegations of drug addiction against a heart surgeon v a convicted felon. Some cases (but not many) have held that a reputation can be so bad that the plainti is libel-proof. Reputation if there is evidence of damage to reputation, then jury"s decision about the amount for lost reputation is in their discretion. Mental anguish jury has discretion here but court"s will review the amounts. Special damages speciic inancial harm from the libel. Damages are no longer presumed in label cases involving first amendment protections absent actual malice. How the jury calculates the value of the lost reputation is still in their discretion. The largely uncontrolled discretion of juries to award damages where there is no loss unnecessarily compounds the potential . to inhibit the vigorous exercise of first.
