Facts

Several people placed an ad in the New York Times titled “Heed their Rising Voices” seeking funds to help Dr. Martin Luther King, Jr., in an Alabama tax-evasion charge.  In the ad, statements were made regarding various civil rights protesters, some of them inaccurate, some of which dealt with the police force under Commissioner Sullivan.  Sullivan contending that the statements implicated him in misconduct in his official duties and filed a libel suit against New York Times. The statements were found to be libel per se by the jury, relying on Alabama law, which did not permit any privilege of “fair comment” for expressions of opinion unless the offending party succeeded in establishing the truth in all particulars upon which the comment was based. The decision was appealed, contending the violation of the Fist and Fourth Amendments’ protection. Edit

Issue (s)

Whether the First Amendment allows public officials to recover damages for defamatory falsehoods relating to their official conduct?

Rule of law

The First Amendment prohibits public officials from recovering damages for defamatory falsehoods made regarding their official conduct unless they demonstrates the statements were made with “actual malice”—that is, with knowledge that it was false or with reckless disregard of the truth.  E

Decision

Alabama law is in direct contrast with the principles of the First and Fourteenth amendments.  A public official is prohibited from recovering damages for a defamatory falsehood regarding his official conduct without demonstrating that the statement was made with actual malice.