Challenging Ideas On Rational Systems

Generally, courts are reluctant to recognize media liability for emotional distress. Historically, too, courts have been suspicious of efforts by public officials and figures to evade constitutional protections for expression by recasting libel claims as other torts, such as IIED. Public officials and figures used to think of IIED as an attractive alternative to libel, because for years in IIED cases they did not have to prove the kind of fault that such libel plaintiffs did (i.e., actual malice). That made it easier for public officials/figures to win

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