Libel

libel

FALSE defamation of character by print or visual presentation

slander

FALSE defamation by oral presentation

Why are libel cases harder for public figures to win?

they have to prove malice as well as falsity and suffering.

New York Times Company v. Sullivan (1964)

Vote: 9-0

Facts: L.B. Sullivan brought civil libel action against four individual petitioners and the NYT company for printing a full page advertisement that inaccurately described Civil Rights protest events in Montgomery, Alabama. Although Sullivan was never directly referenced, he argued the word “police” a verb “arrested” and “padlocked” would refer to the police. Sullivan did not try to prove that he lost money b/c of this. The trial judge told the jury the statements were inherently liable, and petitioners would be held liable if the jury found the statements applied to Sullivan. The jury awarded Sullivan $500,000 in damages.

Holding: A published advertisement containing false statements and implications of an individual is protected under the First and Fourteenth Amendments.

Opinion:

(1) Public officials must prove defamatory statements were made w/ “actual malice” — knowledge that it was false or with reckless disregard of whether it was false or not.

(2) The threat of Alabama’s punishments are so great as to curb freedom of speech/press.

Comment: Declared the Sedition Act and seditious libel unconstitutional. Set constitutional standard for determining libel of public officials and “public figures” —hard to determine what a public figure is.