Torts Keyed to Dobbs
New York Times Co. v. Sullivan
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Petitioner newspaper published a full-page ad that alleged the Rev. Martin Luther King, Jr.’s (King) arrest for perjury in Alabama was part of a campaign to destroy King’s efforts to integrate public facilities and encourage blacks to vote. The Respondent, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the advertisement. The Respondent claimed that the allegations against the Montgomery police defamed him personally. The advertisement included statements, some of which were false, about police action allegedly directed against students who participated in a civil rights demonstration and against a leader of the civil rights movement. The Respondent claimed the statements referred to him because his duties included supervision of the police department. Under Alabama law, the Respondent did not have to prove that he had been harmed. Also, a defense claiming that the advertisement was truth ful was unavailable since the advertisement contained factual errors. The jury found for the Respondent, awarding a $500,000 judgment. The State Supreme Court affirmed.
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