Actual Malice: Civil Rights and Freedom of the Press in New York Times V. Sullivan"A heroic narrative."—One of The New Yorker’s Best Books of 2023 "A detailed examination of . . . the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists."—The New York Times Book Review A deeply researched legal drama that documents this landmark First Amendment ruling—one that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove "actual malice" or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it. |
Contents
Introduction | 1 |
All the News Thats Fit to Print | 7 |
Libel and the Press | 20 |
3 | 41 |
5 | 60 |
6 | 76 |
Doing Business in Alabama | 88 |
8 | 102 |
11 | 148 |
Herbert Wechsler | 158 |
13 | 174 |
14 | 188 |
15 | 200 |
Free Robust and Wide Open | 216 |
Acknowledgments | 231 |
Archival Collections | 273 |
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Common terms and phrases
Abernathy actual malice Alabama Journal alleged American Anthony Lewis appeal April argument attorney award Birmingham Black Brennan Brief for Petitioners civil rights movement Claude Sitton commissioners Company Records constitutional courtroom criminal libel criticism damages Day & Lord decision defamation defamatory Dryfoos editor Embry false Fear or Favor federal Files Fred Shuttlesworth free speech freedom of speech Harlan Heed Their Rising Herbert Wechsler issue Jones Judge judgment jury Justice Law Review lawsuits lawyers leaders libel actions libel law libel suits March Martin Luther King ment ministers Montgomery Advertiser NAACP Negro newspaper Ochs opinion Papers Patterson plaintiff police protection public officials published race racial reporters reputation retraction Rising Voices Rustin Salisbury SCLC Sedition Act seditious libel segregation segregationist Shuttlesworth sit-ins Sitton South Southern statements sued Sullivan Sulzberger tion trial Turner Catledge U.S. Supreme Court University verdict Warren Court Whitesell wrote York Times Company