New York Times v. Sullivan

Until 1964, each state used its own standards to determine what was considered libelous. This changed after the U.S. Supreme Court decision of New York Times v. Sullivan. This landmark case established the criteria that would be used nationwide when determining libel cases involving public officials.

The Court stated that "actual malice" must be shown by the publishers of alleged libelous material, when the falseness of the material is proven. Justice William J. Brennan, Jr., author of the decision, clarified this further. He stated that to show malice in a libel case, information had to have been printed despite "knowledge" of its falsity, or "with reckless disregard of whether it was false or not."

This standard was later broadened by the High Court to include not only public officials, but also "public figures." This includes well known individuals outside of public office who receive media attention, such as athletes, writers, entertainers, and others who have celebrity status.