United States Law
The neutral reportage privilege has not been widely adopted by all states and courts. U.S. District Judge Marilyn Patel stated that "there is a great deal of inconsistency among state court decisions" In 2006, during the case of Mc Call vs. Courier Journal, the Kentucky Supreme Court rejected the defence stating it had not been approved by the US Supreme Court, which in turn refused to review the case. In 2004, Pennsylvania Supreme Court ruled that neither the Pennsylvania constitution nor the United States constitution provided such a defense. These two states together with Michigan, New York and California have rejected the defence whilst Florida is amongst the few states that has accepted it. Whereas in Illinois one appellate court recognised the principle and another did not demonstrating the inconsistency of the defence even within the same state.
Read more about this topic: Neutral Reportage, History
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