Word: libellous
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Brennan's broad interpretation of the right to free speech led him to what is generally considered his most famous decision: New York Times Co. v. Sullivan, which requires public officials to prove "actual malice" in filing libel suits against publishers and broadcasters. Last year Brennan crafted the majority opinion for a 5-to-4 court decision that upheld the constitutional right to burn the American flag as a form of political protest...
...away. But with publications increasingly mixing reportage and commentary, and with juries eager to reward those skewered by the press -- as evidenced by the $34 million awarded last month to a lawyer who sued the ) Philadelphia Inquirer, even though that award may well be reduced or overturned on appeal -- libel threats are not a matter that news organizations can ignore...
...preventing flag burning is not a vital problem for the nation, preventing constitutional amendments to the First Amendment still is. Not that the Court has ever interpreted the First Amendment as absolute--it has, for instance, upheld laws proscribing seditious libel and speech that represents a "clear and present danger...
...along the way. This name dropping is defended as a way of giving the gay community role models and a sense of continuity. When the rumors involve living people, however, discussion about who is "in the closet" has generally been held to a discreet murmur -- partly in deference to libel laws but mostly in defense of privacy. That consensus is fast breaking down with the spread of a phenomenon known as "outing," the intentional exposure of secret gays by other gays...
...TIME articles (including this one) before publication to help keep anything defamatory from slipping through. Still, says Marshall, "I get more pleasure from helping TIME say something than from keeping TIME from saying it." Marshall is known for his "elegant fixes," the subtle changes of phrase that defuse potential libel problems without reducing hard facts to mush. His batting average on keeping TIME out of trouble is substantially higher than the impressive .689 he hit for the magazine's softball team last year...