CITE AS 84 S.CT. 710 (1964) THE NEW YORK TIMES COMPANY, PETITIONER, V. L. B. SULLIVAN. RALPH D. ABERNATHY ET AL., PETITIONERS, V. L. B. SULLIVAN. NOS. 39, 40. Argued Jan. 6 and 7, 1964. Decided March 9, 1964. 376 U.S. 254 William P. Rogers and Samuel R. Pierce, Jr., New York City, for petitioner in No. 40. Herbert Wechsler, New York City, for petitioners in No. 39. M. Roland Nachman, Jr., Mon…
[3] We may dispose at the outset of two grounds asserted to insulate the judgment of the Alabama courts from constitutional scrutiny. The first is the proposition relied on by the State Supreme Court—that "The Fourteenth Amendment is directed against State action and not private action." That proposition has no application to this case. Although this is a civil lawsuit between…
[21–23] We hold today that Constitution delimits a State's power to award damages for libel in actions brought by public officials against critics of their officials against critics of their official conduct. Since this is such an action,23 the rule requiring proof of actual malice is applicable. While Alabama law apparently requires proof of actual malice for an award of punitive da…
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