ipl-logo

Sullivan Vs New York Times Case Study

461 Words2 Pages

Nichele Rascoe
MCO 300 –Media Law and Ethics
Dr. Breslin

Name of Case: New York Times v. Sullivan
Citation: 273 Ala. 656, 144 So.2d 25, reversed and remanded
Date of Decision: March 9th, 1964
Vote: 9-0
Author of Opinion: Justice Brennan
Legal Topic: Freedom of Speech
Posture of the Case: Sullivan (plaintiff) v. New York Times (defendant). Sullivan is holding New York Times libel for printing a false advertisement about the civil rights movement. The trial judge explained to the jury that many of the statements were “libelous per se” which is to falsely claim that an individual committed a crime of moral turpitude. The court ruled in favor of the New York Times, however, Sullivan presented to the Supreme Court. …show more content…

Martin Luther King Jr. This civil case evolved when the New York Times published an advertisement entitled, “Heed Their Rising Voices” published on March 9, 1960 and paid for by the “Committee to defend Martin Luther King Jr. and the struggle for Freedom in the South” which implicated Sullivan as being against the civil liberties of the black community in Alabama. The plaintiff claims that his reputation was slandered due to the First Amendment, which is freedom of speech. A jury in the Circuit Court of Montgomery County granted $500,000 to Sullivan. $500,000 was the full amount claimed against the petitioners.

Questions Presented: Did the libel law applied by the Alabama Court violate the First Amendment?

Answer:

Show More
Related
1959 Words | 8 Pages

This case is also regularly cited in other Supreme Court cases and is often a deciding factor. It has been used in cases like Konigsberg v. State Bar “That view, which of course cannot be reconciled with the law relating to libel, slander, misrepresentation, obscenity, perjury, false advertising, solicitation of crime, complicity by encouragement, conspiracy, and the like, is said to be compelled by the fact that the commands of the First Amendment are stated in unqualified terms: "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . . " But as Mr. Justice Holmes once said: "[T]he provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil.

Read More
1239 Words | 5 Pages

To support this argument, he implied that the fact that Flynt republished the ad multiple times proved the intent of Flynt. In contrast with Isaacman who referred to New York Times Co. v. Sullivan to support his argument, Grutman suggested that the ruling was irrelevant with Hustler Magazine, Inc. v. Falwell. Although Falwell could win under the ruling when the issue considered was libel involving factual statements, emotional harm based on intent was the main issue considered by Falwell. To withhold the tort of emotional distress that was ruled as invalid in a recent decision, Grutman defended it by saying that the decision was made by an inferior court, he did not view it as a good law, and there were other cases which supported the tort.

Read More
249 Words | 1 Pages

Letter From Birmingham Jail – A Rhetorical Analysis In April of 1963, civil rights leader Martin Luther King Jr. was arrested in Birmingham, Alabama for protesting the mistreatment of blacks in the American South. During his time in jail, King produced a letter intended for his fellow clergymen, a response to the criticism he received for his work and ideas. One of King’s main arguments in this rhetorical work is that people have a moral responsibility to peacefully reject unjust laws. King’s position is that laws that are out of harmony with the moral law or the law of God are unjust and should be rejected.

Read More
254 Words | 2 Pages

Martin Luther King Jr.'s Letter from Birmingham Jail, which was written in April 16, 1963, is a passionate letter that addresses racial segregation and all the injustices to the black American society. He writes this letter as a response to the eight clergymen, but it also became one of the most influential letters in defense of nonviolent movement ever written. Birmingham was one of the most segregated cities in the country and the most violent. Even after segregation was found to be unconstitutional by the Supreme Court in 1954. In Birmingham, white and black Americans were very much separate with “white only” hotels, restaurants, and even bathrooms.

Read More
1012 Words | 5 Pages

In her article, “Censorship 101,” West crafts her text through numerous court case experience and skill in rhetorical devices as her background expertise is used to her advantage. Sonja West begins her argument with the use of exemplification in a previous court case. The scene is set in 1962, and West garments the introduction with excessive details and biased language as readers quickly root for the victory of the Tinker case and share the celebratory state of their

Read More
356 Words | 2 Pages

The questions were: 1. Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by

Read More
604 Words | 3 Pages

In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4.

Read More
562 Words | 3 Pages

In A letter from Birmingham jail, Martin Luther King Jr writes to the clergy men and his supporters as “A Call for Unity”. King had been put under arrest from partaking in a peaceful march against segregation on property that he did not have permission to be marching on. In the 1960’s segregation laws and policies were under the Jim Crow regulations; separate racial schools, colored-only bathrooms, separate places for the colored to eat and they would have to sit in the back of the bus. The letter King wrote was critical because he reaches out to the Clergymen from Birmingham Prison and uses the rhetorical appeal of his own character to establish his credibility on the subject of racial discrimination and injustice.

Read More
1132 Words | 5 Pages

The Civil rights movement was a long and hard fight for freedom in our nation. Martin Luther King Jr. was one of the many people who devoted themselves and fought for the movement. He did it in hope to make the world a better place. Outraged and indignant, Martin Luther King Jr.’s “Letter from Birmingham city jail” addresses the events that took place in the name of freedom. Martin Luther King Jr. reflects on the events, through his use of tone, rhetorical appeals, and rhetorical tools.

Read More
726 Words | 3 Pages

Civil rights leader, Martin Luther King Jr, in his Letter from Birmingham City Jail, argues against criticism from eight Alabama clergymen, and addresses their concerns. He defends his position, and the Southern Christian Leadership Conference (SCLC), against accusations of disturbing the peace in Birmingham, as well as explaining his values and opinions. Throughout the letter, King adopts a strong logical and credible tone, and reinforces his position through the use of strong emotional justifications, in order to appeal to the clergymen and defend his public image. Martin Luther King opens up his Letter from Birmingham City Jail by appealing to the clergymen's emotions, and assuring his peaceful response, which he describes in "patient and

Read More
1522 Words | 7 Pages

A Letter From Birmingham Jail Martin Luther King Jr. is a name that will never be forgotten, and that will go down in the books for all of time. He was foremost a civil rights activist throughout the 1950s and 1960s. during his lifetime, which lasted from January of 1929 to April of 1968, Martin Luther King Jr. was an American Baptist minister and a social activist and was known for his non- violent protests. He believed that all people, no matter the color, have a moral responsibility to break unjust laws and to take a direct action rather than waiting forever for justice to come through and finally be resolved. In the Spring of 1963, Martin Luther King Jr. stated in a speech that Birmingham was among one of the most segregated cities in the world.

Read More
866 Words | 4 Pages

Civil rights leader and social activist Martin Luther King Jr. wrote a world renown correspondence, Letter From Birmingham Jail, in April of 1963, during a time when segregation was at it’s peak in the South. When King was making his mark in American history, the United States was experiencing great social unrest due to the injustice towards their colored citizens, which would lead to social rights rallies and unnecessary violence. In response to King’s peaceful protesting, the white community viewed “[his] nonviolent efforts as those of an extremist,” and subsequently imprisoned the pastor (para 27). King specifically wrote to the white clergymen who had earlier addressed a letter to him as to why he was apprehended, in which they argued that his actions were untimely and unconstitutional. In response, King emphasized that justice is never timely, and the refusal to acknowledge equal rights was inhumane and regressive.

Read More
865 Words | 4 Pages

Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

Read More
427 Words | 2 Pages

(1) Do the Articles Merit a Defamation Claim? Part 4: Broader Context of the Articles The general context of the three Post articles further demonstrate that the statements would be perceived by the average reader of the Post as facts rather than opinions. (Driscoll, 1188). The cultural common sense of the ordinary reader would find the articles laden with facts rather than exaggerated or laden with emotional rhetoric and would therefore be swayed to adopt the Post’s position.

Read More
1332 Words | 6 Pages

During a time of violence, segregation, and racism, few people had the courage to speak out against it. Few people had the bravery to go against what the masses believed, and fewer had the authority to do so. One of these few people was Martin Luther King Jr. and one of the ways in which he spoke out was through a letter written while imprisoned. King was imprisoned by Bull Connor, a police chief in Birmingham, Alabama in the 1960’s for not having a license to parade or protest. While in jail, King received a letter written by eight Alabama clergymen who pleaded for African Americans to stop protesting and wait for segregation to happen on its own.

Read More

More about Sullivan Vs New York Times Case Study

Related Topics

Open Document