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July 22, 2013

WSLL Recommends: Sack on Defamation

The first edition of Sack on Defamation was published in 1980, with subsequent editions in 1994, 1999 and the current fourth edition in 2010. During the author’s 33-year private practice he specialized in national and international press law. Since 1998 he has served on the bench of the U.S. Court of Appeals for the Second Circuit.

This leading treatise provides a comprehensive and up to date analysis of the law of defmation, invasion of privacy and related torts - including insights into how the internet and other electronic media continue to have significant effects. The first several chapters cover:

  • Constitutional principles
  • The cause of action and its elements
  • Truth (fact) and opinion
  • Standard of conduct for both private and public plaintiffs
  • Absolute and qualified privilege
  • Damages and other remedies
  • Retraction
  • Related causes of action, such as invasion of privacy, injurious falsehood, interference with contract, negligent infliction of emotional distress, conspiracy, deprivation of civil rights

It goes on to provide practical guidance regarding:

  • Discovery – sources, confidentiality, and anonymity
  • Jurisdiction and Choice of law
  • Motion practice and Appeal

A final chapter on Insurance policies discusses risks and protections for publishers and broadcasters:

Other titles on defamation available at WSLL

Defamation: a lawyer’s guide by David A. Elder
Law of Defamation by Rodney A. Smolla
Libel and Privacy by Bruce W. Sanford
Wisconsin Elements of an Action by Jay E. Grenig (volume 14 of the Wisconsin Practice series) contains chapters on both defamation and emotional distress.

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