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New York Times v. Sullivan

New York Times v. Sullivan. The background (social and judicial)--Alabama in 1960 “Heed Their Rising Voices” Sullivan sues for libel--wrong song, didn’t “ring” the campus, didn’t padlock the cafeteria, King only arrested 4X, not 7 Defendants--NYT and ministers, $500K

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New York Times v. Sullivan

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  1. New York Times v. Sullivan • The background (social and judicial)--Alabama in 1960 • “Heed Their Rising Voices” • Sullivan sues for libel--wrong song, didn’t “ring” the campus, didn’t padlock the cafeteria, King only arrested 4X, not 7 • Defendants--NYT and ministers, $500K • Additional suits--Mayor of Montgomery, State of AL, why the strategy?

  2. NYT v. Sullivan continued • Sullivan in the District Court • Impact on the ministers • Sullivan wins at the Alabama S. Ct. as well, Ct. rejects any constitutional issues • Why grant writ of certiorari? • Jan. 1964, oral arguments, decision just 8 weeks later, 9-0 win for the New York Times

  3. The Decision in NYT • Brennan behind the scenes (Anthony Lewis, Make No Law) • “Libel can claim no talismanic immunity…” • “…a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open…” • Error is inevitable…breathing space…” • Brennan seizes the opportunity to review the facts of the case and punish AL judiciary

  4. The Impact of NYT v. Sullivan • The federalization of libel law • The establishment of the actual malice standard---knowingly making false statements, demonstrating a reckless disregard for the truth • Black, Douglas concur; Douglas, Goldberg concur--malice is problematic • Protect the media against suits by public officials

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