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Rooted in the First Amendment, the decision required proof not only that a statement was false and injurious but also that the publisher knew or suspected the falsity.
That was in Mutual v. Ohio, decided in 1915, when the Court held that motion pictures are not protected by the First Amendment — the decision overturned in the Miracle case.
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As a matter of First Amendment analysis, the decision today made no new law.
While animal rights activists and defenders of the First Amendment protested the decision, a zoo spokesman noted that in addition to the summary, The Post received a two-hour interview with the chief pathologist.
The resolution that it adopted includes an amendment saying the decision was "not to be construed…as divestment from Israel or as an alignment with…the global BDS movement".
As First Amendment doctrine, the decision today was interesting for its treatment of a 1991 precedent in which the Supreme Court upheld a prohibition on abortion counseling by family planning clinics that received federal money.
(Hawaii voters later passed a constitutional amendment overturning the decision, although the governor and the legislature came together in 2013 to finally legalize same-sex marriage in the state).
The amendments, including the decision to banish "accident" from the department's traffic-crash vocabulary, showed how far the city had come, Mr. White said.
But an appeals court ruled that only states can invoke the amendment, a decision the Supreme Court reversed.
The House minority leader, Nancy Pelosi, is pushing a constitutional amendment to overturn the decision.
First Amendment lawyers say the decision has been difficult to apply, because it did not establish a clear line between the right of publicity and the First Amendment, leaving courts to make their own rules about how such cases should be evaluated.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com