The Burden to Prove Libel: A Comparative Analysis of Traditional English and U.S. Defamation Laws and the Dawn of England's Modern Day

Authors

• Elizabeth Samson, Hudson Institute

Abstract

The article examines the divergence between English and U.S. defamation laws, particularly the burden of proof in libel cases. It argues that while the U.S. has evolved to prioritize free speech by shifting the burden to the plaintiff, England maintains a plaintiff-friendly approach, leading to libel tourism and chilling free speech. The author suggests that England should consider reforming its burden of proof to address these issues.

Disciplines

Communications Law | Comparative and Foreign Law | First Amendment | Law | Legal History | Legislation | Torts

Recommended Citation

Elizabeth Samson, The Burden to Prove Libel: A Comparative Analysis of Traditional English and U.S. Defamation Laws and the Dawn of England's Modern Day, 20 Cardozo J. Int'l & Comp. L. 771 (2012).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss3/6