New York Times v. Sullivan

New York Times v. Sullivan, 376 U.S. 254 (1964) is the leading case on the question of defamation liability for media defendants. At common law, no fault or intent on the part of a media defendant had to be demonstrated in order to hold it liable for defamation, so long as the case met the four Basic Elements of a Cause of Action for Defamation.

However, First Amendment concerns led the Supreme Court to declare in 1964 that public officials and public figures cannot recover for an alleged defamation unless they can prove both that the statement was false, and that the statement was made with "actual malice."

Actual malice does not mean "spite" or "ill will." The Supreme Court defined "actual malice" as knowledge that the statement was false, or reckless disregard to the truth or falsity of the statement. Reckless disregard is proven by demonstrating that the defendant entertained serious doubts as the truthfulness of the statement.

The Supreme Court defined public figures to include both public officials and public figures. Public figures include both persons who have achieved persuasive fame or notoriety (such as celebrities), and persons who voluntarily assume a central role in a particular public controversy. Gertz v. Robert Welch, Inc. 418 U.S. 323 (1974). A person who becomes a public figure by the second method is considered to be a public figure only with respect to the limited range of issues involved in the public controversy. At this time, it is not yet known whether courts will view persons who become prominent only on BBSs or other on-line systems as public figures within the context of those systems.

The Supreme Court also stated that First Amendment concerns were not as important when the plaintiff is a private person. When a private person is defamed about a matter of public concern, a lesser degree of fault must be proven. In these cases, the plaintiff must prove that the defendant made the defamatory statement at least negligently. In addition, in such cases, a plaintiff can only recover damages for "actual injury," meaning that punitive damages cannot be awarded.

LINKS:

Digital Defamation