Question

Look at New York Times v. Sullivan

Should the court use the actual malice test in the "New York Times v. Sullivan" case? Explain

Answer 1

New York Times Co. v. Sullivan- was a landmark United States Supreme Court case that established the actual malice standard, which has to be met before press reports about public officials can be considered to be libel;^[2] and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press. The actual malice standard requires that the plaintiff in a defamation case, if that person is a public official or public figure, prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty of proving the defendant's knowledge and intentions, such claims by public figures rarely prevail.

Before this decision, there were nearly US $300,000,000 in libel actions from the Southern states outstanding against news organizations, as part of a focused effort by Southern officials to use defamation lawsuits as a means of preventing critical coverage of civil rights issues in out-of-state publications. The Supreme Court's decision, and its adoption of the actual malice standard, reduced the financial hazard from potential defamation claims, and thus countered the efforts by public officials to use these claims to suppress political criticism