Word: libellant
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...matters of libel, public figures are not as other mortals, according to the U.S. Supreme Court. In a series of cases since 1964, the court has ruled that a public figure cannot collect libel damages without proving that "actual malice" was involved in the publishing of inaccurate and defamatory material. Actual malice, said the court, means publishing with knowledge that a statement is false or with "reckless disregard" of whether it is false or not. The average person, on the other hand, must show only that the publisher of such material was guilty of "some type of fault," as would...
...cruelty and adultery." But while the judge's decision did allude to claims of extramarital escapades by both partners, he did not clearly identify the grounds. Mrs. Firestone was awarded alimony, which Florida law bans if the grounds for a divorce include adultery. She sued Time Inc. for libel and won a jury verdict of $100,000 for her mental anguish and suffering...
...prove the magazine had acted with "actual malice." The publisher therefore asked the Supreme Court to throw out the libel judgment because the Palm Beach socialite was a public figure who was often in the newspapers, subscribed to a press clipping service, and even held press conferences during the long divorce fight. William Rehnquist, joined by four other justices, was unpersuaded. Mindful of the public "need for judicial redress of libelous utterances," Rehnquist held that Mrs. Firestone "did not assume any role of especial prominence in the affairs of society, other than perhaps Palm Beach society...
...majority did send the case back to Florida courts for a determination on whether the magazine had acted "with fault." Meanwhile, journalists everywhere are now on notice that people who attract the sort of public interest that does not involve a true "public controversy" will be treated under libel law just like the average private citizen...
Going Ahead. New Times's muckraking can lead to problems. The magazine is already fighting libel suits totaling $9.6 million brought by, among others, the California hospitals accused of paying kickbacks and a Texas evangelist charged with beating teen-age girls in his home for runaways. Recently lawyers for Erhard Seminars Training, a California-based human-potential group, demanded a look at the manuscript of a New Times story on its operations. Hirsch refused and says he intends to go ahead with the piece...