Mediation and arbitration are two of the most popular methods of dispute resolution in the legal system. In recent years, the Supreme Court and High Courts have taken up a number of cases related to mediation and arbitration. These cases have shed light on how these alternative dispute resolution methods can be used to resolve disputes quickly, efficiently, and cost-effectively. In this article, we will take a look at some of the most popular cases that were heard by the Supreme Court and High Courts in relation to mediation and arbitration.
In 2002, a government agency serving the State of Illinois brought an action in the United States District Court for the Northern District of Illinois against a company, seeking to impose a penalty on it for failure to obtain state permits. The company claimed that it believed that these permits did not need to be obtained and filed suit against the state, claiming that its actions were protected by the Constitution’s Contracts Clause and also violated its due process rights.
In “National Broadcasting Company v. FCC”, then-Chief Justice William Rehnquist rejected both parties’ arguments, allowing the FCC to proceed with its decision. “Hustler Magazine v. Falwell” was an American case on the right to free speech. Larry Flynt, publisher of “Hustler Magazine”, published a parody issue that claimed that Reverend Jerry Falwell was addicted to sex and had been caught in public acts of sexual perversion by a male prostitute and his wife. That issue also contained an advertisement for “The Private Parts Scandal: The Jerry Falwell Story”.
Reverend Falwell claimed libel and invasion of privacy, but he lost at the trial level. On appeal, the case reached the Supreme Court, where the justices held that the First Amendment does not provide a person with a right not to be offended. Justices Douglas and Brennan concurred, but Justice Brennan also added the opinion that “the right of freedom of expression is often controversial and, in certain contexts, almost certainly will be so.” The court thus found that Falwell’s lawsuit was without merit and reversed it. The case is important because it confirmed that truth is not an absolute defence against libel, even when it comes to satire.