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

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.

Sources