The Business, Entrepreneurship & Tax Law Review
Abstract
This article examines how the internet and the rise of “cheap speech” have transformed the media industry, disrupted traditional economic incentives for responsible journalism, and exposed the limitations of current defamation law. It argues that the New York Times v. Sullivan “actual malice” standard, while appropriate for the professionalized and objective media environment of the mid-20th century, no longer sufficiently supports robust public discourse in the digital age. This article proposes incorporating journalistic standards into defamation analysis as an evidentiary tool to better distinguish between mere negligence and actual malice while preserving core First Amendment considerations. By realigning legal incentives with the economic realities of modern media, defamation reform can help rebuild public trust in the media.
First Page
262
Recommended Citation
Michaela Paquette,
Who Pays for Cheap Speech? How Economic Shifts in the News Industry Shape Defamation Law,
9
Bus. Entrepreneurship & Tax L. Rev.
262
(2025).
Available at:
https://scholarship.law.missouri.edu/betr/vol9/iss2/11