Page 5 - Delaware Lawyer - Fall 2023

EDITOR’S NOTE
Facts are foundational. This principle underlies the rules of evidence, the scientific method, the requirement of accurate attribution of facts and quotes. Sound decisions can be made, controversies resolved, litigation decided, if they follow a search for truth.
Technology has developed ways by which untruth can be magnified, broad- cast and seeded into millions of minds. In a perfect world, untruth could be eliminated, but the American legal sys- tem values free expression, recognizing that viewpoints differ and confident that, after robust debate, more informa- tion will mean informed decisions.
What if the untruth injures someone — by reputational damage or economic loss? The U.S. Supreme Court recog- nized that errors happen, that “Erroneous statement is inevitable in free debate, and that it must be protected if the freedoms of expression are to have the breath- ing space that they need to survive,”
New York Times v. Sullivan, 376 U.S. 254, at 271, and requires that a plaintiff, if a public figure (an increasingly broad cat- egory), prove by clear and convincing evi- dence that the defendant knew the state- ment to be false, or else published it with reckless disregard of whether it was false.
Over the 60 years since the Court set this standard, the legitimate press has bat- tled when sued. The News-Journal and The Inquirer would not make nuisance settlements. Yet, in 2023, one of the na- tion’s largest media companies settled a defamation case, pending in Delaware Superior Court, for close to $1 billion — an outgrowth of the battle explored in this issue between information and disin- formation, in which the outcome is not assured for the forces of light.
In this issue of Delaware Lawyer, Prof. John Culhane of Delaware Law School illustrates the impact of U.S. Dominion Inc. v. Fox News Network on defamation law and its possible evolution.
Chuck Durante
Media strategist Ethan Holland, a Mil- ford native, provides an overview, sorely needed by all — especially lawyers — of the nature and potential reach of artificial intelligence.
Prof. Harvey White of the University of Delaware examines how AI can easily be used to worsen inequality and invidious discrimination.
John Sweeney explores the need for, the decline of and future of traditional news media, which he ser ved with distinction throughout his career, most recently as editorial page director of The News Journal.
Allison Taylor Levine, journalist and civic leader, describes the nonprofit news agency set to be launched in Delaware in 2024, which aims to be a resource with traditional journalistic standards for media of all kinds.
Chuck Durante
WHERE YOU BANK MATTERS.
THE DELAWARE BAR FOUNDATION THANKS ITS PRIME PARTNERS
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FALL 2023 DELAWARE LAWYER 3