New York Times v. Sullivan: The Landmark Case that Shaped Politics and the Press As We Know It

FAIN: FZ-272129-20

Samantha Barbas
SUNY Research Foundation, University at Buffalo (Amherst, NY 14228-2577)

Writing a book presenting a comprehensive history of the Supreme Court case New York Times v. Sullivan (1964), which established the current legal standard of libel against public officials.

In 1964 the Supreme Court decided New York Times v. Sullivan, holding that public officials cannot recover for libel unless they show “reckless disregard of the truth.” This requirement makes it near-impossible to win a libel suit. As a result, American libel law is the most protective of speech and least protective of reputation in the world. Sullivan is considered one of the great constitutional law opinions and the cornerstone of modern First Amendment law. Despite this, there has been little in-depth writing on it. This work presents the first comprehensive history of Sullivan. It takes the unorthodox position that the decision was not a clear civil liberties triumph but the product of institutional missteps–by the Times, the press, and the Supreme Court – that led to mixed consequences in the long term. Through a history of the case and its consequences, the work invites readers to consider whether revisions to the law may be necessary to protect free speech and civility.

Associated Products

Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan (Book)
Title: Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan
Author: Samantha Barbas
Abstract: 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.
Year: 2023
Primary URL: https://www.ucpress.edu/book/9780520385825/actual-malice
Publisher: University of California Press
Type: Single author monograph
ISBN: 9780520385825
Copy sent to NEH?: No

Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan (Book)
Title: Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan
Author: Samantha Barbas
Year: 2023
Primary URL: https://www.worldcat.org/search?q=9780520385825
Primary URL Description: WorldCat entry (9780520385825)
Publisher: University of California Press
Type: Single author monograph
ISBN: 9780520385825

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