What is a Newspaper under California's Retraction Statute - Enquiring Minds Want to Know

Authors

Catherine M. Bump

Abstract

California Civil Code section 48a limits recovery in defamation suits against newspapers to special damages, unless the plaintiff has unsuccessfully demanded a retraction from the media defendant The seminal case on this issue, Burnett v. National Enquirer, Inc., failed to provide a clear test of what constitutes newspaper status. The author argues that the resulting uncertainty has precipitated a chilling effect on media. In addition, the author contends that modern libel litigation rarely fulfills plaintiffs' objectives and that a broader retraction statute would be a step toward better serving both plaintiffs and defendants in libel cases.

Recommended Citation

Catherine M. Bump, What is a Newspaper under California's Retraction Statute - Enquiring Minds Want to Know, 10 UC Law SF Comm. & Ent. L.J. 795 (1988).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol10/iss3/3