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Speech & Press
New York Times Co. v. Sullivan
Decided: 1964
Required public officials to prove 'actual malice' to win defamation suits, providing broad breathing room for criticism of public figures.
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.