This article describes the facts of the Bose v. Consumer's Union of U.S., Inc. case, a precedent-setting libel case that involved a technical review of a product, which was litigated over a fifteen-year period, from District Court to the Supreme Court. The litigation centered on interpretation of technical phraseology. The basic facts of the case are described, central legal issues are identified and some speculation about the relevancy of the final decision to other similar future situations is suggested.
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References
1.
SeligsonA.Loudspeakers, Consumer Reports, 35, pp. 272–278, May 1970.
2.
Bose Corp. v. Consumers Union of U.S., Inc., 508 F. Supp. 1249 (D. Mass. 1981); 529 F. Supp. 359 (D. Mass. 1981).
3.
New York Times v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L.ED. 2d 686 (1964).
4.
WarshawskyM., Libel, the Media, and Public Figures and Officials, Case & Comment, pp. 44–47, Jan-Feb, 1981.
5.
Bose Corp. v. Consumers Union of U.S., Inc. 692 F.2nd 189 (1982).
6.
EldredT. W.Amplifying Bose Corp. v. Consumers Union: The Proper Scope of De Novo Appellate Review in Public Person Defamation Cases, Fordham Law Review, 57, pp. 579–499, March 1989.
7.
CarleyW. M., Consumer Reports Libel Case Worries Publishers, Who Fear Another Setback by the Supreme Court, The Wall Street Journal, p. 36, June 24, 1983.
8.
Bose Corp. v. Consumers Union of U.S., Inc. 104 S. Ct. 1949 (1984).
9.
WermielS., High Court ruling for Consumers Union Again Backs Broad Review of Libel Cases, The Wall Street Journal, p. 5, May 1, 1984.
10.
BranniganV. and EnsorB.Did Bose Speak Too Softly? Product Critiques and the First Amendment, Hofstra Law Review, 14, pp. 571–619, Spring 1986.
11.
BarrettP. M., The Loner: Scalia Hasn't Built Conservative Consensus on Court, The Wall Street Journal, pp. 1, 6, April 28, 1992.
12.
FarberD. A.From Warren to Rehnquist, Trial, 25, pp. 124–126, July 1989.
13.
FarberD. A.The Rehnquist Court: Is the Past a Clue to the Future?, Trial, 25, pp. 110–115, January 1989.
14.
EasterbrookF. H., Agreement Among the Justices: An Empirical Note, The Supreme Court Review: 1984, (University of Chicago Press), pp. 389–409, 1989.
15.
SmollaR. A.Free Speech Afire With Controversy, Trial, 25, pp. 46–51, December 1989.
16.
PatelS. S.Harte-Hanks Communications, Inc. v. Connaughton: The Application of the New York Times Standard, Ohio Northern University Law Review, 16, pp. 725–736, Fall, 1989.
