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doc 892
Gertz v. Robert Welch, Inc., Supreme Court of the US, 1974 Private Person – Press/Broadcast Media
Issue What protection does the constitution afford publishers defaming private citizens?
Held Gertz is not a public figure – he did not take part in the criminal prosecution; did not discuss the case publicly. NY std is not applicable
Reversing and Remanding because Jury was allowed to presume damages and imposed liability without fault.
Procedure Gertz filed a libel suit. Trial court said: Gertz is not a public official or public figure and ruled in his favor. District court said that New York Times rule applies and
reversed. Court of Appeals affirmed. Gertz appeals.
P argues
D argues
1
Is this true??? Punitive allowed if can show? Para on 898 – does it conflict with para at bottom?
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