Constitutional Law Keyed to Cohen
New York Times Co. v. Sullivan
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Respondent, one of three elected Commissioners of the City of Montgomery, Alabama, alleges that he was libeled by statements in a full-page advertisement carried in the New York Times on March 29, 1960. The advertisement entitled “Heed Their Rising Voices” charged that peaceful demonstration of Southern African-American students in behalf of their rights guaranteed by the constitution are being met by an unprecedented wave of terror by those who would deny them their rights. The text concluded by appealing for funds to support the movement, the right to vote and the legal defense of Dr. Martin Luther King Jr. None of the statements mention Respondent by name, but mention his position. As some of the events stated in the advertisement have been proven to be untrue, Respondent alleges he has been a victim of libel. During trial Respondent made no effort to prove he suffered any pecuniary loss as result of the libel. The trial judge declared the statements in the advertisement to be “libelous per se” and not privileged, and therefore that the Petitioner could be held liable if the jury found that they published the advertisement and the statements were made concerning the Respondent.
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11m 49s