Defamation: Constitutional

Defamation: The Constitution New York Times v. Sullivan 376 U.S. 254 (1964) Gertz v. Robert Welch, Inc. 418 U.S. 323 (1974) Milkovich v. Lorain Journal Co. 497 U.S. 1 (1990) Herbert v. Lando 441 U.S. 153 (1979)

Times v. Sullivan (1964) The Protection of Editorial Advertising The First Amendment and Libel Per Se Partial Protection of False Statements (“Heat of debate”) The Plaintiff Must Prove Actual Malice “with knowledge that it was false or with reckless disregard of whether it was false or not”

Gertz v. Robert Welch, Inc. (1974) Libel is limited to false and defamatory assertions of fact States may establish lower standard of fault for private individuals who sue the news media Public figures are defined and categorized Private individuals must demonstrate some fault Privates individuals must show harm or actual malice

Fault: The Status of Libel Plaintiffs Public Officials: Policymaker and Media Access Public Figures: All-Purpose (can be limited in geography) Limited: “Vortex” 1. controversy at issue 2. plaintiff’s role 3. defamation came from participation Time Lapse

Libel: For the Defense Opinion Milkovich v. Lorain Hyperbole Hustler v. Falwell Retraction Neutral Reportage 1. Public controversy exists (or created by charges) 2. Allegation come from public official/figure 3. Assertion at issue aimed at public official/figure 4. Must be reported accurately and neutrally Fair-Report Privilege