Brooklyn College Library LibGuides Home: TVRA 7713 Media and Communication History and Regulation (Reile): Libel

Assigned readings need to be done BEFORE class
During class you will be expected to discuss the assigned readings.

New York Times vs. Sullivan

New York Times Co. v. Sullivan, legal case in which, on March 9, 1964, the U.S. Supreme Court ruled unanimously (9–0) that, for a libel suit to be successful, the complainant must prove that the offending statement was made with “ ‘actual malice’—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” Specifically, the case involved an advertisement that appeared in The New York Times in March 1960 that outlined how African Americans had been oppressed and that asked readers to contribute money to the struggle to end racial segregation in the South.

Citation: Urofsky, Melvin I., New York Times Co. v. Sullivan (2019, Mar. 2) In Encyclopedia Britannica online Retrieved from https://www.britannica.com/event/New-York-Times-Co-v-Sullivan

Libel: Establishing a Case and New York Times Vs. Sullivan

Assigned Readings:

Fifty Years After New York Times Co. V. Sullivan and Forty Years After Gertz V. Welch: How These Twentieth Century Supreme Court Rulings Impact Twenty-First Century Online Social Media Libel Claims
Azriel, J,; and Mayo, C. Fifty Years After New York Times Co. V. Sullivan and Forty Years After Gertz V. Welch: How These Twentieth Century Supreme Court Rulings Impact Twenty-First Century Online Social Media Libel Claims
Justice Brennan and Cultural History: New York Times v. Sullivan and Its Times
Citation: Hall, Kermit L. (1991) "Justice Brennan and Cultural History: New York Times v. Sullivan and Its Times," California Western Law Review: Vol. 27: No. 2, Article 5. Retrieved from: http://scholarlycommons.law.cwsl.edu/cwlr/vol27/iss2/5

Additional Resource

Audio Files

Hear the actual oral arguments in front of the Supreme Court on January 6 and 7, 1964, for New York Times Company v. Sullivan Oral Argument. The site has a full, searchable transcript for each day.

DAY ONE: New York Times Company v. Sullivan - Oral Argument - January 06, 1964
DAY TWO: New York Times Company v. Sullivan - Oral Argument - January 07, 1964
Citation: New York Times Company v. Sullivan. (n.d.). Oyez. Retrieved from https://www.oyez.org/cases/1963/39

PDF version of Readings

Justice Brennan and Cultural History: New York Times v. Sullivan and Its Times

Libel: Proof of Fault/ Post Sullivan/ Defense and Damages

Assigned Readings:

The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet
Citation: Williams, Chris. The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet, 43 J. Marshall L. Rev. 491 (2010).
Proving Fault: Actual Malice and Negligence
Citation: The Digital Media Law Project. (n.d) Proving Fault: Actual Malice and Negligence Retrieved from: http://www.dmlp.org/legal-guide/proving-fault-actual-malice-and-negligence

NOTE: The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.

PDF version of Readings

The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet