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Gertz v Robert Welch inc
1
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Gertz v Robert Welch inc
- 1968
- Chicago policeman kills youth
- Victim's family hires Attorney Elmer Gertz
American Opinion
(Publication of Robert Welch Inc)
"This is an attack on the chicago Police department. Gertz is nothing but a Leninist and a communist-fronter!"
"That's libel!"
Lower Courts
According to Times v Sullivan malice test, Gertz was unable to prove falsity for reckless disregard for the truth.
Gertz lost....
...but should he be held to the same standard?
The Supreme Court
- The New York times standard did not apply to this case.
- Gertz is a private person and his past involvement in city communities and being an attorney in a murder trial did not make him a public person.
- The Court reversed the lower decision and held that Gertz's rights had been violated
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