AT Sullivan Neg offense is an overcorrection – Peltz-Steele 13 Richard J. Peltz-Steele, prof @ UMass, Georgetown Journal of International Law. 44.2 (Winter 2013): p365 [PDI] The But in the latter chapters of his book, Lewis recognized the downside of constitutional lawmaking, namely its intransigence. (179) Court might have over-corrected with Sullivan; In a system in which the prophylaxis worked too well. media defendants so plainly have the upper-hand against public figures and public officials, the usual behavioral economics of the tort system are perverted as to encourage carelessness, if not recklessness. the hazard deters Public servants suffer injury without compensation, and others from entering public life. there is no incentive for reform, because media have no Worse, reason to come to the table. Thus tort alternatives, such as alternative dispute resolution mechanisms or declaratory are complete non-starters. The Uniform Correction or Clarification of judgments of truth and falsity Defamation Act has been a colossal flop, (180) in part because media fear that rocking the boat in state legislatures will end in lost defensive ground. (181)
AT Sullivan Neg offense is an overcorrection – Peltz-Steele 13 Richard J. Peltz-Steele, prof @ UMass, Georgetown Journal of International Law. 44.2 (Winter 2013): p365 [PDI] But in the latter chapters of his book, Lewis recognized the downside of constitutional lawmaking, namely its intransigence. (179) The Court might have over-corrected with Sullivan; the prophylaxis worked too well. In a system in which media defendants so plainly have the upper-hand against public figures and public officials, the usual behavioral economics of the tort system are perverted as to encourage carelessness, if not recklessness. Public servants suffer injury without compensation, and the hazard deters others from entering public life. Worse, there is no incentive for reform, because media have no reason to come to the table. Thus tort alternatives, such as alternative dispute resolution mechanisms or declaratory judgments of truth and falsity are complete non-starters. The Uniform Correction or Clarification of Defamation Act (180) has been a colossal flop, in part because media fear that rocking the boat in state legislatures will end in lost defensive ground. (181)
Premier-Debate-Briefs-ND14.docx