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· 5/9/1989

James E. Secrist v. Tom Harkin, United States Senator Pam McKinney John Frew Citizens for Harkin

Citations

  • 874 F.2d 1244
  • 1989 U.S. App. LEXIS 6492
  • 1989 WL 47051

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a court must \make [its] own independent review of the record to ensure the principles of actual malice are constitutionally applied.\
  • noting a campaign press release “is at least as likely to signal political opinion as a newspaper editorial or political cartoon”
  • “There may be no public context more contentious than a political campaign.”
  • “[W]e find that in context the challenged statements concerning fundraising are not so precise, specific, or verifiable that they can be equated . . . as akin to an accusation of criminal conduct.”
  • robust political debate requires toleration of “a degree of derogation [of public figures] that others need not [tolerate],” and therefore requiring that public figure prove with “convincing clarity” that defamatory statements were made with “actual malice.”
  • “While political commentators often decry the ‘low level’ of campaign tactics or rhetoric, the debate which accompanies public examination of candidates for public office lies at the very heart of the First Amendment and is essential to our democratic form of government.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Magill, Larson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.