This Article argues for a reconsideration and redefinition of the neutral reportage privilege. First, even if we accept Gertz's disapproval of newsworthiness as a criterion for First Amendment protection, a closer look at the neutral reportage privilege reveals that, contrary to what many courts and commentators have said, newsworthiness is not a necessary element of the privilege. Gertz is thus inapplicable. Second, the more serious problems with the neutral reportage privilege arise from its advocates' failure to define what constitutes "neutrality"-- in other words, to define what conduct by the reporter should legitimately give rise to immunity from libel actions.
"The Right to Republish Libel: Neutral Reportage and the Reasonable Reader,"
Akron Law Review: Vol. 25
, Article 3.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol25/iss2/3