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🗓️ 8 October 2024
⏱️ 33 minutes
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0:00.0 | Okay, it is Tuesday, October 1st at 10, 10 a.m. |
0:05.0 | What are we going to be talking about today? |
0:07.0 | So, Roman, I wanted to return to a case that we've talked about before, |
0:11.0 | New York Times versus Sullivan. |
0:12.0 | Okay. |
0:13.0 | And remember in Sullivan, the Supreme Court |
0:15.4 | set First Amendment limits on libel law. |
0:18.5 | Now, remember that that was a case in which |
0:21.0 | there was a lawsuit over an ad published in the New York Times in 1960, and the ad was titled, Heed their Rising Voices. |
0:29.0 | Now, the ad described what was happening in the civil rights movement in the South and |
0:34.0 | ended up requesting donations for the legal defense of Dr. Martin Luther King Jr. |
0:39.4 | Now though most of the facts in the ad were true, it contained some minor inaccuracies. |
0:45.0 | And it was because of those minor misstatements that L.B. Sullivan sued the times. |
0:50.1 | Sullivan was the public safety commissioner of Montgomery Alabama. |
0:54.2 | And even though he wasn't mentioned in the times by name, |
0:57.6 | Sullivan claimed that the ad falsely accused him of directing the police to |
1:01.7 | mistreat protesters. So he sued for libel. In New York Times versus Sullivan, the Supreme Court decided in 1964 that it wasn't enough in a liable case brought by a public figure just to prove that the statement was false. |
1:16.8 | Instead, you'd have to show that the statement was made with knowledge of or reckless disregard for the falsity of the statement, a standard also known as actual malice, |
1:27.3 | a standard that Sullivan could not meet against the New York Times. Well, I wanted to bring that case up again not because of the |
1:34.3 | liable standard because of the judge presiding over that case, Walter Berguin Jones. |
1:40.6 | Judge Jones was known for running an orderly courtroom, but he was also well known in his time for being a white supremacist. |
1:48.0 | His own father had fought in the Confederacy, and in 1961, when the city of Birmingham, Alabama staged a |
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