Curtis Publishing Co. v. Butts

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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
Citations 388 U.S. 130 (more)
94 S. Ct. 2997; 41 L. Ed. 2d 789; 1974 U.S. LEXIS 88; 1 Media L. Rep. 1633
Prior history Cert. to the United States Court of Appeals for the Fifth Circuit
Subsequent history No. 37, 351 F.2d 702, affirmed; No. 150, 393 S.W.2d 671, reversed and remanded
Holding
Libel damages may be recoverable (in this instance against a news organization) if the injured party is a non-public official; but claimants must demonstrate a reckless lack of professional standards on the part of the organization in examining allegations for reasonable credibility.
Court membership
Case opinions
Plurality Harlan, joined by Clark, Stewart, Fortas
Concurrence Warren
Concur/dissent Black, joined by Douglas
Concur/dissent Brennan, joined by White
Laws applied
U.S. Const. amend. I

Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967),[1] was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals.

The decision held that, while news organizations were protected from liability when printing allegations about public officials under the Supreme Court's New York Times Co. v. Sullivan decision (1964), they may still be liable to public figures if the information they disseminate is recklessly gathered and unchecked.[2]

The decision was the result of a libel lawsuit filed by former Georgia Bulldogs football coach Wally Butts against the Saturday Evening Post. The lawsuit arose from an article in the magazine alleging that Butts and Alabama head coach Bear Bryant had conspired to fix games. The court ruled in favor of Butts in 1967, and the Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, an amount which was later reduced on appeal to $460,000.[3] This settlement was seen as a contributing factor in the demise of the venerable Saturday Evening Post and its parent corporation, the Curtis Publishing Company, two years later.[3] Both Butts and Bryant had sued for $10 million each. Bryant settled for $300,000.

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References[edit]

  1. ^ 388 U.S. 130 (1967)
  2. ^ [1]
  3. ^ a b "Wally Butts, Ex-Georgia Coach, Dies; Won Large Libel Suit Coached Noted Players". The New York Times. December 18, 1973. p. 46. 

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