Case
New York Times Co. v. Sullivan
Answer: New York Times Co. v. Sullivan (1964). The Court reversed a $500,000 verdict over the “Heed Their Rising Voices” ad and held that a public official cannot recover for defamation about official conduct without proving “actual malice,” shown by clear and convincing evidence, with independent appellate review protecting speech. ([law.cornell.edu](https://www.law.cornell.edu/supremecourt/text/376/254))
Rule to remember
New York Times Co. v. Sullivan (1964) established that a public official may not recover damages for a defamatory falsehood about official conduct unless the statement was made with “actual malice,” proven by clear and convincing evidence, and subject to independent appellate review.
Key elements and checks
- Public official plaintiff
- Statement of and concerning the official’s conduct
- Publication of a defamatory falsehood
- Actual malice: knowledge of falsity or reckless disregard
- Clear and convincing evidence standard
- Independent appellate review to protect First Amendment rights
In the source’s words
“with knowledge that it was false or with reckless disregard of whether it was false or not.”
New York Times Co. v. Sullivan, 376 U.S. 254 (1964) | LII
“lacks the convincing clarity which the constitutional standard demands,”
New York Times Co. v. Sullivan, 376 U.S. 254 (1964) | LII
States vary on retraction statutes and private-figure defamation standards, but the public-official actual-malice requirement is a nationwide constitutional floor.