1. Libel and the media Times v. Sullivan ushers in an uncertain new age of press freedom

2. Elements of libel Defamatory content

3. Elements of libel Defamatory content Falsity

4. Elements of libel Defamatory content Falsity Publication

5. Elements of libel Defamatory content Falsity Publication Identification

6. Elements of libel Defamatory content Falsity Publication Identification Fault

7. Elements of libel Defamatory content Falsity Publication Identification Fault Harm

8. Evolution of libel Falsity was not always an element of libel: The greater the truth, the greater the harm

9. Evolution of libel Falsity was not always an element of libel: The greater the truth, the greater the harm Fault was not an element of libel until the 1960s — before that, it was a no- fault tort

10. Evolution of libel Falsity was not always an element of libel: The greater the truth, the greater the harm Fault was not an element of libel until the 1960s — it was a no-fault tort How does requiring fault advance the purpose of the First Amendment?

11. Can libel = prior restraint? In Near, Chief Justice Hughes wrote that the Minnesota Public Nuisance Law amounted to prior restraint

12. Can libel = prior restraint? In Near, Chief Justice Hughes wrote that the Minnesota Public Nuisance Law amounted to prior restraint Hughes cited Blackstone on after- the-fact punishment

13. Can libel = prior restraint? In Near, Chief Justice Hughes wrote that the Minnesota Public Nuisance Law amounted to prior restraint Hughes cited Blackstone on after- the-fact punishment Milton, in the Areopagitica, advocated after-the-fact punishment, including death

14. Civil rights and libel As with Gitlow v. New York, the Times v. Sullivan decision must be seen within the broader context of the civil-rights movement

15. Anthony Lewis Wrote Make No Law, a history of Times v. Sullivan Retired New York Times columnist Married to Margaret Marshall, chief justice of Mass. SJC

16. Ad on King’s behalf Published in New York Times in 1960 Contained several minor errors

17. Four ministers also sued Rev. Ralph Abernathy (right) with King in Alabama Idea was to keep Sullivan’s suit in state court

18. Times, ministers lose Found liable in courtroom of judge who presided at re-enactment of Jefferson Davis’s inauguration $500,000 judgment Libel a state matter — or is it?

19. Times v. Sullivan (1964) Unanimous decision written by William Brennan Says Alabama court’s decision amounts to seditious libel: criticism of government officials Therefore, the Alabama court’s action is unconstitutional under the First and Fourteenth Amendments

20. William Brennan’s view “[D]ebate on public issues should be uninhibited, robust, and wide-open, and … it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials”

21. Actual malice New standard of fault that public officials must show to prove libel

22. Actual malice New standard of fault that public officials must show to prove libel Knowingly false

23. Actual malice New standard of fault that public officials must show to prove libel Knowingly false Reckless disregard for the truth

24. A libel earthquake 1967: Actual malice standard extended to public figures as well as officials

25. A libel earthquake 1967: Actual malice standard extended to public figures as well as officials 1974: Private figures must at least show negligence to win a libel suit

26. A libel earthquake 1967: Actual malice standard extended to public figures as well as officials 1974: Private figures must at least show negligence to win a libel suit 1989: Reckless disregard is defined as knowledge of probable falsehood

27. Disadvantages for media Opens press defendants up to examination as to their state of mind

28. Disadvantages for media Opens press defendants up to examination as to their state of mind Harms media credibility by creating a cynical attitude among press critics

29. Disadvantages for public Virtually no recourse for public official or public figure

30. Case study: Dan Rather A 1980s case very similar to the story that brought him down in 2004 Won by testifying he believed documents were authentic