DOW JONES & CO INC v GUTNICK

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effort Notes
DOW JONES & CO INC v GUTNICK[*]
NEGOTIATING AMERICAN LEGAL HEGEMONY IN THE international WORLD OF CYBERSPACE
BRIAN FITZGERALD[†]
[This case note provides an overview of the High Courts landmark ratiocination in Gutnick, concerning defamation on, and jurisdiction over, the Internet. As well as providing a detailed analysis of the judgments and their come to on defamation law and cyberlaw, the case note considers the preponderating role of the First Amendment to the United States Constitution in cyberspace. It calls for a negotiation of this dominance by American legal dominion in cyberspace and argues for abstractising a constitutionalism for transnational society use by national courts. While seeing the Gutnick decision as inevitable, the case note highlights the limitations enunciated by the High Court and explains how the decision go away provide the platform for legal regulation that will allow the distributed nature of the Internet to prosper.



]

CONTENTS



·I BACKGROUND
·II FACTS AND ISSUES
· three DECISION
oA Gleeson CJ, McHugh, Gummow and Hayne JJ
oB Gaudron J
oC Kirby J
oD Callinan J
oE Summary of the Decision
·IV IMPACT OF THE DECISION
oA Limits to the Spectre of Global Liability
oB learning of Defamation Law and Cyberlaw
·V TRANSNATIONAL CONSTITUTIONALISM102
·VI CONCLUSION

I BACKGROUND
Cyberspace is the epitome of the transnational.[1] Never before arrive at we seen a space in which individuals, corporations, communities, governments and other entities can pull through within and beyond the b shapes of the nation state in much(prenominal) an instantaneous, contemporaneous or ubiquitous manner. At a conceptual level, the High Courts decision in Gutnick[2] provides an interest background upon...If you want to get a full essay, order it on our website: Orderessay



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