ARTICLES LIBEL LAW AND THE PRESS: U.S. AND SOUTH KOREA COMPARED Kyu Ho Youmt I. INTRODUCTION Freedom of the press is not absolute; it must be balanced against other competing social interests. As the U.S. Supreme Court stated: [A]bsolute protection for the communications media requires a total sacrifice of the competing value served by the law of defamation. ' Legal protection against injury of a per- son's reputation is an intersubjectively reasonable transcultural goal of the law. '2 The libel law of a society, however, indicates to a large extent how that society views the relative importance of reputational interest vis-A-vis freedom of the press. In the United States, press freedom is protected as a consti- tutional right, but reputation is not. 4 First Amendment scholar Frederick Schauer has written: The American approach . . . reflects a society in which the press is considered to occupy a much more important role in the resolution of public issues. The press occupies a special position in the American system, a posi- t Associate Professor, Cronkite School of Journalism and Telecommunica- tion, Arizona State University. Author's note: The South Korea sections of this article have been drawn from revision of the author's Libel Law and the Press in South Korea: An Update, OCCASIONAL PAPERSfREPRINTS SERIES IN CONTEMPO- RARY ASIAN STUDIES no. 110 (1992). 1. Gertz v. Robert Welch, Inc., 418 U.S. 323, 341 (1974); see also Curtis Pub- lishing Co. v. Butts, 388 U.S. 130, 150 (1967). A STUDY IN 3. Frederick Schauer, Social Foundations of the Law of Defamation: A Com- parative Analysis, 1 J. MEDIA L. & PRAC. 1, 3 (1980). 4. One commentator noted: American constitutional law is distinguished by its protection of defamers, rather than the defamed. Oscar S. Gray, Constitutional Protection of Freedom of Expression in the United States as it Affects Defamation Law, 38 AM. J. CoMP. L. 463, 463 (1990). LAWRENCE W. BEER, FREEDOM OF EXPREssION IN JAPAN: CoMPARATIVE LAW, POLITICS, AND SOCIETY