Friday, February 21, 2020
Definition of Libel Research Paper Example | Topics and Well Written Essays - 3750 words
Definition of Libel - Research Paper Example This has an adverse effect of denying the public a chance to access important information, which they could have been freely exposed to, had there not been the stringent libel laws. However, according to Article 10 of the European Convention on Human Rights, as well as the requirements of the United Nation Commission on Human Rights, freedom of speech and expression has been guaranteed (Okrent, 2009). Thus, a myriad of jurisdictions has attempted to resolve the incumbent tension in various ways. Another emerging trend with regards to libel laws is the prevalence use of the internet to disseminate information, some which may constitute a libel. Consequently, many jurisdictions have had to extend the applicability of libel laws to incorporate libels committed over the internet. In the United States, libel is governed under the United States defamation law whose history dates back to the time of the American Revolution. Even so, due to the lack of an elaborate libel legal framework in t he United States over a long time, the libel laws were largely contingent on the traditional English common law of defamation. However, a remarkable case that laid the framework upon which defamation law was laid in the United States is the famous and prominent New York Times Co. v Sullivan case of 1964, in which the Supreme Court explored defamation claims regarding a public official. It was held that ââ¬Å"public officialsâ⬠were required to prove ââ¬Å"actual maliceâ⬠. Three years later, the Curtis Publishing CO. v. Butts played a palpable role in extending the ââ¬Å"actual maliceâ⬠standard to incorporate ââ¬Å"public figuresâ⬠which is rather wide and includes politicians, celebrities and other persons of high profile. Another remarkable case is the Gertz v.Robert Welch, Inc. which guaranteed the power of the states to establish their own standards of liability in libel cases. Using these cases, I establish the background of libel with regards to the sub stantial changes in the legal framework which governs libel. Much emphasis is placed on the English common law which forms the basis upon which libel law of many countries is based. In addition, the various defenses for libel are discussed at length. Finally, I discuss the applicability of the incumbent libel law to internet libel. New York Times Co. v. Sullivan, 376 U.S 254(1964) A remarkable libel case is a case involving the New York Times Co. v. Sullivan, 376 U.S 254(1964). This case involved the advertisement that featured in the New York Times, which sought to solicit funds aimed at defending Martin Luther King, Jr. who was facing charges of Alabama perjury inducement (Hall & Urofsky, 2011). Among other information in the advertisement, there were some inaccurate allegations including the mention that the Alabama State Police had arrested King several times. On the contrary, they had only arrested him on four occasions. Thus, the inaccurate criticism regarding the action of th e police against King was regarded as defamation especially against the Montgomery Public Safety Commissioner named L.B. Sullivan by virtue of his position as the supervisor of the police department. The Supreme Court later overruled the decision by the state court in Alabama which had initially found the New York Times guilty of libel based on the information printed in the advert (Hall & Urofsky, 2011).Ã
Wednesday, February 5, 2020
Proposal that lays out the security challenges faced by a large health Research Paper - 1
Proposal that lays out the security challenges faced by a large health care provider. In a loose sense, you are doing a risk assessment for ABC Hospital - Research Paper Example The units that are under security threat include infant, pediatric, pharmacy and psychiatric unit. One of the major security threats facing hospitals is one of terrorism. Terrorism is the most common security threat facing the world today. Terrorism is perpetrated by a group of people as a show of opposition to a particular authority. Terrorism is also conducted with an intention of inducing fear or causing great anxiety to a large population so that the group may become coerced to accede to particular demands of perpetrators. Hospitals are not immune to terrorisms as victims in such case can make the government given in to terrorist demands. Terrorists may access hospitals disguised as visitors or they can get in ambulances pretending to be bringing in emergency cases. Consequently, ABC should understand that it is not immune from terrorism and must therefore put measures to control access into the facility (Shukla 50). The other threat facing hospitals is the threat of fire. According to Shukla (50), threat of fire is a great challenge facing health care facilities given that in this environment; patients depend on the staff during the case of fire. The risk of fire increase due to lack of alertness, limited mobility and fixed equipments found in hospitals. In addition, the activities conducted within hospitals where flammable gases and liquids are used, laboratory processes where hazardous chemicals are used, and clinical research enhance the risk of fire in a hospital setting. In addition to destruction of the physical infrastructure, fire destroys hospital records and medication. To address the threat of fire, hospitals must therefore be designed with escape routes that can allow easy movement in case of emergency (Hoke 31). Furthermore, it is critical to install fire-fighting equipments and train the staff on these skills. Hospitals are also required to use technology that will allow detection of fire and
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