Defamation and Privileges in the Texas Supreme Court Since New York Times

Abstract

This Article reviews selected defamation cases decided by the Texas Supreme Court since New York Times Co. v. Sullivan was decided in 1964. Specifically, this Article examines the relationship and differences, if any, now existing between first amendment and common law privileges in Texas defamation law-especially as these privileges focus on constitutional and common law "malice." In this Article, all references to "falsehoods" mean "defamatory falsehoods;" references to "public person plaintiffs" mean public officials and public figures who must satisfy New York Times requirements to recover for defamation; and references to "private person plaintiffs" mean persons who are not required to satisfy New York Times requirements to recover for defamation.