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12. New York Times v Sullivan (502)- First off you need to know that libel is the written defamation of character. A person who believes their name and character have been harmed can sue. In this case, the supreme court declared that freedom of the press takes precedence—at least when the defamed individual is a public official.

Last week, the court saw the dismissal of a defamation lawsuit filed by the now-Catholic priest, Auxiliary Justice Malcom Gray ruling the reports published by News Corporation Australia as ‘substantially true’.

The court case of New York Times vs Sullivan was a case that involved public officials and how they were libeled in the press in the year of nineteen sixty four. L.B. Sullivan was one of three elected commissioners of Alabama. The respondent was L. B. Sullivan was a public official from Alabama and brought a lawsuit against an clergymen, a negro and against a petitioner of the New York Times Company. L.B. Sullivan sued all of these people because he felt that he was libeled in a advertisement of the New York Times. The case had to deal with if the constitutional protections of speech and press limit the states power to award damages for the libel action brought by a public official against the critics of his official conduct.

Do you have any recent example of this from a recent case that you can tell me about?

Fake new became a popular topic in news regarding politically aligned news channels and outlets. For example, YourNewsWire is an online news outlet based in Los Angeles. Based on this website, Hillary Clinton’s victory in the popular vote was due to voter fraud of 25 million votes (Kosoff). YourNewsWire used evidence of an investigation the NPR, National Public Radio, conducted. Though the article’s claim of voter fraud seemed compelling, as evidence was to support the argument was supple. Yet the evidence was incorrectly used. The NPR was involved in this investigation of voter fraud, but only published the information as Pew Research Center conducted the analysis of credibility. Another piece of falsified data is that the investigation was not conducted as a means to discredit Hillary Clinton’s victory in the popular vote, as the investigation was completed in 2012, prior to Clinton and Trump’s campaign for office. This is only one example of skewed stories and biased articles. The creators of YourNewsWire, Sean Adl-tabatabai and husband, Sinclair Treadway, were politically aligned with Bernie Sanders for the 2016 election (Baum). The reputation that YourNewsWire has created for itself has plummeted. Google no longer supports this website with ad-sponsored money, and other accredited websites, such as Snopes, investigate the validity of news articles such as these and discredit their findings

The majority consisted of Justice Earl Warren, Hugo L. Black, William O. Douglas, Tom C. Clark, John M. Harlan II, William J. Brennan, Jr., Potter Stewart, Byron R. White, and Arthur J. Goldberg. The majority opinion was made by William J. Brennan, to protect the right to freedom of expression in the First Amendment, the Court rule that the criminal libel law should follow the same standards as civil libel law. True statements regardless of its malicious value will not be considered libel. While statements that are intentionally false or created with a rash disregard for the truth are considered to be libel and can be punished by the law. The restriction was modeled from a prior case, New York Times v. Sullivan, freedom of speech protection should not be exercise separately to a civil libel statute than to a criminal case. The Court concluded that the Louisiana Criminal Defamation Statute was unlawfully broad and that it breaches the protections of the First Amendment’s free

New Yorker Magazine it states that there must be clear intent to tarnish one’s reputation in order for libel tort law to come into effect. This case was very similar in regards that there was enough evidence that suggest there was intent to hurt the reputation of those mentioned in the articles. Also in the case Anderson v. Liberty Lobby it states the plaintiff must be able to prove that there was in fact damage done to one’s reputation and be able to proof to judges that there was actual malice. As with this case, the court of appeals must take in consideration if the ruling can be made in favor of the plaintiff and that if the summary judgement would go in favor of the plaintiff. The judges want to make sure that they are not wasting time and that there was actual damage done to the plaintiff which can be awarded for punitive

The most famous defamation case, which still sets precedent in today's cases, is New York Times v. Sullivan (1964). New York Times v. Sullivan (1964) is the leading case on the question of defamation liability for media defendants. The case, heard before the Supreme Court, declared that public officials and figures could not recover for an alleged defamation unless they can prove both that the statement was false, and was made with actual malice. This decision prevents the news media from reporting on false or slanderous stories. It protects the country's public icons seeing they are almost always in the spotlight. In addition to defamation hindering media, obscenity and pornography on the net have placed limitations on what some websites may provide in terms of content.

An example of a defamation case is Zenaida Gonzalez vs Casey Anthony. During the course of the murder investigation Casey Anthony told police that Caylee had been left with a babysitter named Zenaida Gonzalez, and that the babysitter had kidnapped Caylee. During the trial criminal trial Anthony admitted this claims were false. Gonzalez then sued Anthony for defamation

The article has multiple authors and while the actual newspaper isn’t well known in the country, the information used is accurate when describing the last mass shootings in the United States.

The trial of John Peter Zenger was a court case over libels. A libel was a published false statement that is damaging to a person’s reputation, but

Nevertheless, the press continues thriving while properly respond to anonymous callers threatened reporters with violence. The writer wrote counter statements

The Plaintiff, Sullivan sued the defendant, the New York Times Co. for printing an advertisement about the civil rights movement in the south and defamed the plaintiff. The Plaintiff was one of three Commissioners of Montgomery, Alabama, who claimed that he was defamed in a full-page ad taken out in the New York Times. The advertisement was entitled, “Heed Their Rising Voices” and it charged in part that a new wave of terror had been directed against those who participated in the civil rights movement in the South. Some of the details of the advertisement were false. Although the advertisement did not mention the Plaintiff by name, he claimed that it referred to him indirectly because he had failed to notice responsibility of the police.

The issue before the court is whether or not the respondent should be tried even though

The second major cas in that helped to clarify the meaning of libel was the court case of Crutis Publishing Co. v Butts. The case helped to clarify the meaning of defamation claims brought by private individuals. The case held that news organizations were protected from liability when printing allegations about public officials, although they may still be sued by public figures if the information they printed was recklessly gathered or if it was left unchecked. Again because it is difficult to prove either of theses, the press ended up with more freedom to print political corruption and scandal.