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New York Times v. Sullivan Docket: 39 Citation: 376 U.S. 254 (1964) Petitioner: New York Times Respondent: Sullivan Consolidated: Abernathy v. Sullivan, No. 40 Case

New York Times v. Sullivan

Docket:

39

Citation:

376 U.S. 254 (1964)

Petitioner:

New York Times

Respondent:

Sullivan

Consolidated:

Abernathy v. Sullivan, No. 40

Case Media

  • Oral Argument
  • Oral Argument (No. 40)
  • Written Opinion

Abstract

Oral Argument:

January 6-7, 1964

Decision:

Monday, March 9, 1964

Issues:

First Amendment, Libel, Defamation

Categories:

commercial speech, first amendment, freedom of speech, freedom of the press, libel

Advocates

M. Roland Nachman, Jr.

(Argued the cause for the respondent)

Herbert Wechsler

(Argued the cause for the petitioner)

Facts of the Case

Decided together with Abernathy v. Sullivan, this case concerns a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote. L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Under Alabama law, Sullivan did not have to prove that he had been harmed; and a defense claiming that the ad was truthful was unavailable since the ad contained factual errors. Sullivan won a $500,000 judgment.

Question

Did Alabama's libel law, by not requiring Sullivan to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the First Amendment's freedom of speech and freedom of press protections?

Conclusion

The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Under this new standard, Sullivan's case collapsed.

I. New York Times v. Sullivan

II. CITATION:

III. FACTS:

IV: LEGAL ISSUES:

V. COURT DECISION:

VI. OPINION AND REASONING OF THE COURT:

VII. CONCURRING OPINION

VIII. DISSENTING OPINION

IX. SEPARATE DISSENTING OPINION BY

X. PERSONAL OPINION BY STUDENT

follow this formate when doing the case brief

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