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Speech & Press

New York Times Co. v. Sullivan

Decided: 1964

In brief

Required public officials to prove 'actual malice' to win defamation suits, providing broad breathing room for criticism of public figures.

The Court's ruling in depth

An Alabama city commissioner sued the Times over an editorial-advertisement supporting the civil-rights movement that contained minor factual errors. Southern juries were awarding staggering libel verdicts to silence northern press coverage. Justice Brennan's unanimous opinion held that the First Amendment requires public officials to prove that a defamatory statement was made with 'actual malice' — knowledge of falsity or reckless disregard for the truth. Sullivan revolutionized American defamation law, protecting robust criticism of government and public figures at the cost of accepting some erroneous speech as the 'breathing space' free debate requires. It has been questioned in recent years by Justices Thomas and Gorsuch but remains the governing framework.

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