1967 United States Supreme Court case
Curtis Publishing Co. v. Butts Full case name Curtis Publishing Company v. Wally Butts Citations 388 U.S. 130 (more Prior Cert. Subsequent No. 37, 351 F.2d 702, affirmed; No. 150, 393 S.W.2d 671, reversed and remanded Libel damages may be recoverable against a news organization if the injured party is not a public official, but a claimant must demonstrate a reckless lack of professional standards, on the part of the organization, in examining allegations for reasonable credibility. Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Potter Stewart Byron White · Abe Fortas Plurality Harlan, joined by Clark, Stewart, Fortas Concurrence Warren Concur/dissent Black, joined by Douglas Concur/dissent Brennan, joined by White U.S. Const. amend. I
Curtis Publishing Co. v. Butts landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.[1]
Background [ edit ] The case involved a libel lawsuit filed by the former Georgia Bulldogs football coach Wally Butts against The Saturday Evening Post Alabama head coach Bear Bryant had conspired to fix games. The Butts suit was consolidated with another case, Associated Press v. Walker
In finding for Butts but against Walker, the Supreme Court gave some indications of when a "public figure " could sue for libel.
Decision [ edit ] In a plurality opinion , written by Justice John Marshall Harlan II , the Supreme Court held that news organizations were protected from liability when they print allegations about public officials . However, New York Times Co. v. Sullivan actual malice .[2]
The Court ultimately ruled in favor of Butts, and The Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, which was later reduced on appeal to $460,000.[3]
The settlement was seen as a contributing factor in the demise of The Saturday Evening Post and its parent corporation, the Curtis Publishing Company , two years later.[3]
See also [ edit ] References [ edit ] External links [ edit ]
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitementsedition Libel andFighting words andheckler's veto True threats Obscenity Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Speech integral
Strict scrutiny Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association Friedman v. Rogers Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association Riley v. Nat'l Fed'n of the Blind State University of New York v. Fox Peel v. Attorney Registration and Disciplinary Commission of Illinois City of Cincinnati v. Discovery Network Edenfield v. Fane United States v. Edge Broadcasting Co. Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. Greater New Orleans Broadcasting Assn., Inc. v. United States Los Angeles Police Department v. United Reporting Publishing Co. United States v. United Foods Inc. Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center Nike, Inc. v. Kasky Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy Milavetz, Gallop & Milavetz, P.A. v. United States Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Vidal v. Elster Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
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