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HENRY v. LAKE CHARLES AMERICAN PRESS, L.L.C.

No. 08-30201.

566 F.3d 164 (2009)

Mark HENRY, Plaintiff-Appellee, v. LAKE CHARLES AMERICAN PRESS, L.L.C.; Lake Charles American Press, Inc.; Shearman Co. L.L.C.; Shearman Corp.; Hector San Miguel, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised April 15, 2009.

Attorney(s) appearing for the Case

David Kent Anderson (argued), Anderson & Cunningham, Houston, TX, Yul D. Lorio, Doucet Lorio, Lake Charles, LA, for Henry.

James B. Doyle (argued), Law Offices of James B. Doyle, Lake Charles, LA, for Defendants-Appellants.

Before SMITH, BARKSDALE and PRADO, Circuit Judges.

PRADO, Circuit Judge:

In the forty-five years since the Supreme Court's decision in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), courts and legislatures have endeavored to strike a balance between individuals' interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling...

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