Also known as:printed publication · publication · printed pub
Written by attorneys — see sources below.
Documents or materials that have been disseminated to the public, triggering legal consequences in areas such as defamation liability, evidentiary use of treatises, and constitutionally adequate notice.
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How its tested
Common Examples
6
Magazine Libel Suit in Forum State
Peak Performance regularly ships its monthly magazine to subscribers in State X. After an article accuses Paula Pierce of fraud, she sues the publisher in State X court. The court exercises jurisdiction because the publisher could reasonably anticipate being sued where its printed publication circulates and causes harm.
Defamatory Newsletter Without Special Harm
Peter Park mails a printed newsletter to clients falsely stating that Patrick Phan committed a crime. Because the publication imputes criminal conduct, Phan may recover damages even without proving special harm.
At trial an expert testifies that a printed medical treatise is a reliable authority. The court permits the expert to read the relevant statement into evidence but refuses to admit the book itself as an exhibit.
Notice by Publication for Unknown Beneficiaries
A trust proceeding involves hundreds of dispersed beneficiaries. The trustee mails notice to all whose addresses are known and publishes notice in a newspaper for those whose identities are unknown. The court holds that due process is satisfied.
Single Publication of Defamatory Book
Prism Analytics prints and distributes one edition of a book containing a false statement about Prime Logistics. The company may bring only one defamation action and must recover all damages from every jurisdiction in that single suit.
Proof of Publication Element
Penelope Price sues Phoenix Technologies for injurious falsehood after the company mails a printed report falsely disparaging her product. To prevail she must prove the report was published to third parties who understood its injurious meaning.
3 common questions
Students Frequently Ask...
How does the single-publication rule affect damages for a printed book distributed nationwide?
Only one action may be maintained. All damages suffered in every jurisdiction must be recovered in that single suit.
When may a court allow service by publication on unknown parties in a proceeding affecting multiple beneficiaries?
Publication may suffice for unknown parties when personal service or mail is impracticable, provided all defendants share substantially identical interests and known parties receive direct notice.
What must an expert establish before a statement from a printed treatise may be read into evidence?
The publication must be shown to be a reliable authority by the expert's own testimony, another expert's testimony, or judicial notice. The statement is read but the document itself is not received as an exhibit.
383 U.S. 1, 5 (1966)
…be entitled to a patent unless— “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or “(b) the invention was patented or described in a printed publication in this or a foreign…