Curtis Publishing Co. v. Butts

Last updated

Curtis Publishing Co. v. Butts
Seal of the United States Supreme Court.svg
Argued February 23, 1967
Decided June 12, 1967
Full case name Curtis Publishing Company v. Wally Butts
Citations388 U.S. 130 ( more )
94 S. Ct. 2997; 41 L. Ed. 2d 789; 1974 U.S. LEXIS 88; 1 Media L. Rep. 1633
Case history
Prior Cert. to the United States Court of Appeals for the Fifth Circuit
SubsequentNo. 37, 351 F.2d 702, affirmed; No. 150, 393 S.W.2d 671, reversed and remanded
Holding
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.
Court membership
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
Case opinions
PluralityHarlan, joined by Clark, Stewart, Fortas
ConcurrenceWarren
Concur/dissentBlack, joined by Douglas
Concur/dissentBrennan, joined by White
Laws applied
U.S. Const. amend. I

Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. [1]

Contents

Background

The case involved a libel lawsuit filed by the former Georgia Bulldogs football coach Wally Butts against The Saturday Evening Post . The lawsuit arose from an article in the magazine, which alleged that Butts, still Georgia's athletic director following his resignation as coach after the 1960 season, and the Alabama head coach Bear Bryant had conspired to fix games. The Butts suit was consolidated with another case, Associated Press v. Walker , and both cases were decided in one opinion.

In finding for Butts but against Walker, the Supreme Court gave some indications of when a "public figure" could sue for libel.

Decision

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 (1964), the Supreme Court decided that news organizations are still liable to public figures if the information that they publish has been recklessly gathered or is deliberately false. [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] Butts and Bryant had sued for $10 million each. Bryant settled for $300,000.

See also

Related Research Articles

Chisholm v. Georgia, 2 U.S. 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by Marbury v. Madison (1803), there was little available legal precedent. The Court in a 4–1 decision ruled in favor of Alexander Chisholm, executor of an estate of a citizen of South Carolina, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state wherein the state is the defendant.

New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the First Amendment to the U.S. Constitution's freedom of speech protections limit the ability of American public officials to sue for defamation. The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant either knew the statement was false or recklessly disregarded whether it might be false. New York Times Co. v. Sullivan is frequently ranked as one of the greatest Supreme Court decisions of the modern era.

<i>The Saturday Evening Post</i> Leading 19th- and 20th-century American mainstream weekly magazine

The Saturday Evening Post is an American magazine, currently published six times a year. It was issued weekly under this title from 1897 until 1963, then every two weeks until 1969. From the 1920s to the 1960s, it was one of the most widely circulated and influential magazines within the American middle class, with fiction, non-fiction, cartoons and features that reached two million homes every week. The magazine declined in readership through the 1960s, and in 1969 The Saturday Evening Post folded for two years before being revived as a quarterly publication with an emphasis on medical articles in 1971. As of the late 2000s, The Saturday Evening Post is published six times a year by the Saturday Evening Post Society, which purchased the magazine in 1982. The magazine was redesigned in 2013.

Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded.

Tennessee v. Lane, 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment.

Craig v. Boren, 429 U.S. 190 (1976), was a landmark decision of the US Supreme Court ruling that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause.

Tory v. Cochran, 544 U.S. 734 (2005), is a United States Supreme Court case involving libel.

<span class="mw-page-title-main">Wally Butts</span>

James Wallace Butts Jr. was an American college football player, coach, and athletics administrator. He served as the head coach at the University of Georgia from 1939 to 1960, compiling a record of 140–86–9. His Georgia Bulldogs football teams won a national championship in 1942 and four Southeastern Conference titles. Butts was also the athletic director at Georgia from 1939 to 1963. He was inducted posthumously into the College Football Hall of Fame as a coach in 1997.

American Well Works Co. v. Layne & Bowler Co., 241 U.S. 257 (1916), was a United States Supreme Court case governing the scope of federal question jurisdiction.

McDonald v. Smith, 472 U.S. 479 (1985), was a United States Supreme Court case in which the Court held that the right to petition does not provide absolute immunity to petitioners; it is subject to the same restrictions as other First Amendment rights.

Time, Inc. v. Firestone, 424 U.S. 448 (1976), was a U.S. Supreme Court case concerning defamation suits against public figures.

Olmstead v. L.C., 527 U.S. 581 (1999), is a United States Supreme Court case regarding discrimination against people with mental disabilities. The Supreme Court held that under the Americans with Disabilities Act, individuals with mental disabilities have the right to live in the community rather than in institutions if, in the words of the opinion of the Court, "the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities." The case was brought by the Atlanta Legal Aid Society on behalf of Lois Curtis.

Georgia v. Brailsford, 2 U.S. 402 (1792), was a United States Supreme Court case in which the Court held that "[a] State may sue in the Supreme Court to enjoin payment of a judgment in behalf of a British creditor taken on a debt, which was confiscated by the State, until it can be ascertained to whom the money belongs".

United States v. Georgia, 546 U.S. 151 (2006), was a United States Supreme Court case in which the Court decided that the protection of Americans with Disabilities Act of 1990 (ADA), passed by the U.S. Congress, extends to persons held in a state prison and protects prison inmates from discrimination on the basis of disability by prison personnel. Specifically, the court held that Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 1213112165., is a proper use of Congressional power under the Fourteenth Amendment, Section 5, making it applicable to prison system officials.

Kiowa Tribe v. Manufacturing Technologies, 523 U.S. 751 (1998), was a case in which the Supreme Court of the United States held that an Indian Nation were entitled to sovereign immunity from contract lawsuits, whether made on or off reservation, or involving governmental or commercial activities.

Harte-Hanks Communications Inc. v. Connaughton, 491 U.S. 657 (1989), was a case in which the Supreme Court of the United States supplied an additional journalistic behavior that constitutes actual malice as first discussed in New York Times Co. v. Sullivan (1964). In the case, the Court held that departure from responsible reporting and unreasonable reporting conduct alone were not sufficient to award a public figure damages in a libel case. However, the Court also ruled that if reporters wrote with reckless disregard for the truth, which included ignoring obvious sources for their report, plaintiffs could be awarded compensatory damages on the grounds of actual malice.

Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), also known as Alliance for Open Society I, was a United States Supreme Court decision in which the court ruled that conditions imposed on recipients of certain federal grants amounted to a restriction of freedom of speech and violated the First Amendment.

Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. The Court did not discuss whether "the Ninth Circuit’s ultimate conclusion — that Robins adequately alleged an injury in fact — was correct."

Lightfoot v. Cendant Mortgage Corp., 580 U.S. ___ (2017), was a United States Supreme Court case that clarified whether Fannie Mae can be sued in state courts. In a unanimous opinion written by Justice Sonia Sotomayor, the Court held that plaintiffs may file lawsuits against Fannie Mae in any state or federal court that is "already endowed with subject-matter jurisdiction over the suit."

<span class="mw-page-title-main">Alabama–Georgia football rivalry</span> American college football rivalry

The Alabama–Georgia football rivalry is a college football rivalry game between the Crimson Tide of the University of Alabama and the Bulldogs of the University of Georgia. The two bordering state schools were charter members of the Southeastern Conference (SEC) in 1933 and played every season from 1944-1965. Despite no longer playing annually, Alabama and Georgia have met in several nationally important matchups in the twenty-first century, including three Southeastern Conference championship games and two College Football Playoff national championship games since 2010, bringing the rivalry back into national prominence.

References

  1. 388 U.S. 130 (1967)
  2. Anonymous. "Curtis Publishing Company v. Butts". Oyez. Cornell's Legal Information Institute (LII), Justia, and Chicago-Kent College of Law. Retrieved January 16, 2023.
  3. 1 2 "Wally Butts, Ex-Georgia Coach, Dies; Won Large Libel Suit Coached Noted Players". The New York Times . December 18, 1973. p. 46.