Gertz v. Robert Welch, Inc.
41 L. Ed. 2d 789 · Supreme Court of the United States · 1974
Facts
Elmer Gertz, a private attorney, was falsely defamed in an article published by American Opinion magazine, which portrayed him as a "Leninist" and "Communist-fronter" and an architect of a "frame-up" against a police officer. Gertz sued for libel, and although a jury awarded him damages, the lower courts applied the New York Times "actual malice" standard, finding that the article concerned a matter of public interest, and reversed the jury's verdict.
Issue
Does the First Amendment's "actual malice" standard, established in New York Times Co. v. Sullivan, apply to defamatory falsehoods published about a private citizen when the statements concern an issue of public or general interest?
Holding
No, the Supreme Court reversed the lower court, holding that the "actual malice" standard does does not apply to defamatory falsehoods concerning private individuals, even if the subject matter is of public interest. The Court found that private persons are more vulnerable to injury and less able to counteract false statements than public figures or officials.
Rule
States may define their own standards of liability for defamation of private individuals, provided they do not impose liability without fault. However, private individuals can only recover actual damages unless they prove "actual malice," which then allows for presumed and punitive damages. The "actual malice" standard (knowledge of falsity or reckless disregard for the truth) is reserved for public officials and public figures.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.