Intertwining the Constitution and the Common Law: Evolving Doctrines of Defamation in Arkansas

Authors

• Rodney A. Smolla, University of Arkansas School of Law

Keywords

Defamation law, First Amendment, Public figures, Media liability, Arkansas constitutional law

Abstract

This article analyzes the evolving interaction between constitutional free speech protections and common law defamation doctrines in Arkansas. The author reviews recent Arkansas and United States Supreme Court decisions addressing defamation claims involving public figures and media defendants. Arguing for expanded constitutional protection, the article contends that Arkansas should recognize broader categories of public persons in state and local contexts. The article concludes that harmonizing constitutional principles with common law defamation doctrine is essential to protecting robust public discourse.

Recommended Citation

Rodney A. Smolla , Intertwining the Constitution and the Common Law: Evolving Doctrines of Defamation in Arkansas, 1983 Ark. L. Notes