He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard to Homogenize the Measure of Reputational Damage in Homosexual Defamation Cases

Authors

Abigail A. Rury, Michigan State University College of Law

Abstract

The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.

Disciplines

Communications Law | Intellectual Property Law | Law | Law and Society | Sexuality and the Law | Torts

Recommended Citation

Abigail A. Rury, He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard to Homogenize the Measure of Reputational Damage in Homosexual Defamation Cases, 17 Cardozo J. Equal Rts. & Soc. Just. 655 (2011).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol17/iss3/8