GERTZ v. ROBERT WELCH INC. Flashcards

What was Gertz's profession?

What accusations were made against Gertz in American Opinion?

Gertz won his libel suit.

Which case established the actual malice test for libel?

What did the majority decision conclude about Gertz's status?

What did the majority opinion suggest regarding ordinary citizens and libel?

What is the voting outcome of the majority decision?

How many justices voted against Gertz in the minority opinion?

Which justices joined Justice Brennan in the minority opinion?

What standard did Justice Brennan argue should apply in state civil libel actions?

GERTZ v. ROBERT WELCH INC. Overview

Gertz was an attorney hired to sue a police officer for the wrongful death of a family's son.
The magazine American Opinion, associated with the John Birch Society, accused Gertz of being a "Leninist" and "Communist-fronter."
Gertz lost his libel suit as the lower court found no violation of the actual malice standard established in New York Times v. Sullivan (1964).

Majority Decision

The Supreme Court reversed the lower court's decision, ruling that Gertz's rights were violated.
Justice Powell argued that applying the NYT v. Sullivan standard was inappropriate since Gertz was neither a public official nor a public figure.
Emphasis on providing ordinary citizens more protection from libel than public figures.
The actual malice standard retains relevance for ordinary citizens in claims for punitive damages in libel cases.

Minority Opinion

Justice Brennan and others contended that the NYT standard of knowing or reckless falsity applies to private individuals in civil libel actions, especially concerning public interest events (referencing Rosembloom v. Metromedia).
Justice Black maintained that the First Amendment shields the media from libel judgments even when false statements are knowingly made.
Justice White noted that in the absence of actual malice, the First Amendment grants the media the privilege to report on public officials without infringing on privacy or reputation.

Explore key terms and concepts related to the landmark case GERTZ v. ROBERT WELCH INC. This quiz will help you understand the intricacies of libel law and the implications of the case on free speech and defamation. Perfect for law students and those interested in legal precedents.