Word: libellant
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...York Times Co. v. Sullivan four years ago, the Supreme Court laid down tough constitutional limitations on libel recoveries by public officials. "A defamatory falsehood relating to his official conduct," ruled the court, must be "made with 'actual malice'-that is, with knowledge that it was false or with reckless disregard of whether it was false or not." So much for public officials. But what of persons very much in the public eye, though not public officials? They too play an important part in shaping the course and creeds of the country. Should not the press be permitted...
Strategy Revealed. Last week the court attempted to answer that question in deciding the separate libel cases of former University of Georgia Athletic Director Wally Butts and former Army Major General Edwin Walker. Both cases had created quite a stir from the start...
...last week's review, the Supreme Court upheld Butts's libel judgment, rejected Walker's. More important, it began to develop tests for determining when public figures can recover for libel, and when they cannot...
Accepted Standards. In Walker's case, the court was unanimous for reversal, although divided over the reason. Justice Black, joined by Douglas, argued once again that "the First Amendment was intended to leave the press free from the harassment of libel judgments." Chief Justice Warren and Justices Brennan and White held that public figures must also prove "actual malice" in accordance with the Times formula, which Walker had not done...
Compared to the libel suit and attending contempt charges, Powell's alleged misuse of funds provides Congress with stronger grounds for expelling him but a much weaker basis for excluding him. Even the moderate alternative proposed by the House investigating committee, which included fining Powell, could be contested as an unconstitutional bill of attainder. Congress's soundest action against Powell would have been to sue him in court...