Curtis Publishing Co. v. Butts

18 L. Ed. 2d 1094 · Supreme Court of the United States · 1967

Facts

In Curtis Publishing Co. v. Butts, a magazine published an article accusing a university athletic director, Wally Butts, of fixing a football game, leading to a libel suit where Butts was awarded damages. In Associated Press v. Walker, a news dispatch reported that former General Edwin Walker led a violent crowd against federal marshals during a riot, resulting in a libel suit where Walker received compensatory damages. Both Butts and Walker were considered 'public figures' but not 'public officials' at the time of the publications.

Issue

What standard of fault must a 'public figure' who is not a public official prove to recover damages for a defamatory falsehood relating to matters of public interest, and does the 'actual malice' standard from New York Times Co. v. Sullivan apply?

Holding

The Court held that a 'public figure' may recover damages for defamatory falsehoods upon a showing of 'highly unreasonable conduct constituting an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers.' The judgment for Butts was affirmed as the evidence met this standard, while the judgment for Walker was reversed as the evidence did not.

Rule

A 'public figure' who is not a public official can recover damages for a defamatory falsehood if they prove that the publisher engaged in highly unreasonable conduct that constitutes an extreme departure from responsible journalistic standards. This standard is distinct from, and less rigorous than, the 'actual malice' standard required for public officials under New York Times Co. v. Sullivan.

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Case brief last reviewed 2026-02-06. Prepared by CaseReader from the published opinion.