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Actual Malice Twenty-Five Years After Times v. Sullivan

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By W. Wat Hopkins

ISBN: 0-275-93246-X

ISBN-13: 978-0-275-93246-6

DOI:

226 pages, appendixes, tables

Praeger Publishers

Publication: 5/19/1989

List Price: $117.95 (UK Sterling Price: £65.00)

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Media Type: Hardcover

Trim Size: 6 1/8 x 9 1/4

Reviews:

In a relatively brief (198 pages) but insightful study Hopkins has investigated the assets and liabilities of the `actual malice' rule as a standard in the law of libel. After reviewing the evolutionary process and and use of malice in libel law, the author analyzes the case of New York Times v. Sullivan in depth, explores the practical application of `actual malice,' and examines opinion critical of the rule. According to Hopkins, prior to 1964 `actual malice' took a variety of forms in statutory and common law practices in the 50 states and generally had a lower threshold of culpability than the Times standard, which forces the plaintiff in a libel suit to prove that offending material was knowingly false or was published with reckless disregard for the truth. Under common law the burden of proving actual malice could be met by a simple showing of ill will or hatred, a standard far less protective of the press than the Times rule, the benefits of which, contends the author, far outweigh its shortcomings. Ample protection is granted to public officials and public figures through the establishment of a burden of proof that can be met and understood by juries. Hopkins has successfully grappled with an issue of enormous complexity. . . . A useful basic reference for upper-division undergraduate and a good factual review for graduate students.
—Choice

Description: Published to coincide with the 25th anniversary of the landmark Supreme Court decision in New York Times v. Sullivan, which changed the face of libel law, this book is the first in-depth examination of the actual malice rule constitutionalized in that decision. The author offers a detailed evaluation of the current status of the rule and produces significant new information about the history and working of libel law. He argues that, contrary to much of the scholarly criticism and opinions expressed in the popular press, the actual malice rule is working and should be retained as an integral feature of libel law. Finally, he proposes some changes which would help libel law work more smoothly and effectively. A significant addition to the body of work on libel law, this book will be an invaluable resource for students of law and journalism as well as to practicing attorneys and journalists. Hopkins begins with an examination of the history of the actual malice rule and the definition Justice Brennan attached to the rule. He explores how the modern definition of actual malice relates to definitions accepted before 1964 and analyzes how the appellate courts have defined and applied the rule since the 1964 decision. Subsequent chapters compare Times Rule Actual Malice with common law actual malice and offer a penetrating discussion of how well the actual malice rule is working in modern libel law. Hopkins concludes that Times Rule Actual Malice is working effectively to balance the interest in robust public debate with the interest in protecting reputation.

Table of Contents:

Preface
The Libel Revolution
New York Times Co. v. Sullivan
Actual Malice Before Times Rule
Common Law Actual Malice--Who's in the Majority?
The Supreme Court Adopts Actual Malice
The Supreme Court Applies Actual Malice
Actual Malice After Times Rule
Times Rule Actual Malice (Continued?)
Bibliography
Indexes

LC Card Number: 88-32475

LCC Class: KF1266

Dewey Class: 346.7303


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