Defamation

Seite 1

Constitutional guarantees require a federal rule porhibiting a public official from suing for defamatory falsehood relating to his official conduct UNLESS he proves malice.

Plaintiff (Sullivan)

Claims an ad in NYT indirectly referred to him by association.

Particulars in ad were false.

Demanded ad be retracted

Defendant (NYT)

DId not name plaintiff

Did not know particulars were false.

No effort put forth to check accuracy

Is NYT liable for defamation for criticizing a public officials official conduct.

NOT HELD. Reversed and remanded.

http://en.wikipedia.org/wiki/Remand_%28court_procedure%29

First Amendment - freedom of

Religion

Speech (press)

peaceble assembly

Petition

Alabama Law- a publication is libelous per se if words injure a persons reputation or bring him to public contempt. Words must be published of AND concerning the plaintiff.

Erroneous statements are and must be protected in order to protect freedoms of expression.

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Facts:

Issue

Appeal

Laws