Alchemist and barrister donation request10/13/2023 ![]() ![]() ![]() However, it previously had been used only to determine whether enhanced penalties, such as punitive damages, should be awarded. "Malice" had a long-standing meaning within libel law that limited it to knowledge or gross recklessness rather than intent, since courts found it difficult to imagine that someone would knowingly disseminate false information without a bad intent. Brennan used the term "actual malice" to summarize this standard, although he did not intend the usual meaning of a malicious purpose. Instead, the target of the statement must show that it was made with knowledge of or reckless disregard for its falsity. When a statement concerns a public figure, according to Brennan, it is not enough to show that it is false for the press to be liable for libel. The newspaper felt that, while Patterson also was not named in the ad, its comments reflected more directly on him because he represented the state of Alabama generally.īrennan held that the First Amendment did not permit a finding of liability by Alabama courts in this context, especially considering the modest evidence that had been presented. Curiously, the Times did eventually retract the ad's statements when Alabama Governor John Patterson demanded it. A jury in state court awarded him $500,000 in damages. When the Times refused and claimed that they were puzzled by the request, Sullivan filed his libel action against the Times and a group of African-American ministers mentioned in the ad. Sullivan sent a written request to the Times to publicly retract the information, as required for a public figure to seek punitive damages in a libel action under Alabama law. Sullivan, felt that the criticism of his subordinates reflected on him, even though he was not mentioned in the ad. The city Public Safety commissioner, L.B. The ad contained several minor factual inaccuracies, such as the number of times that King had been arrested and actions taken by the Montgomery, Alabama police. During the Civil Rights movement of the mid-20th century, the New York Times published a full-page ad for contributing donations to defend Martin Luther King, Jr.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |