September 19, 2011
1. Facts of Case:
A national magazine publication, American Opinion, published a story concerning the 1968 shooting of a Chicago youth by a Chicago police officer. The officer was found guilty of second-degree murder by the Illinois state court and a civil suit was later brought on the officer by the victim’s family. Hired as attorney for the civil suit’s plaintiff was a man named Elmer Gertz.
As part of the magazine’s greater claims of a national conspiracy to devalue local police and put in their place a national police force suited to maintain a communist dicatatorship, the magazine’s article specifically targeted Gertz’s character for his involvement in the civil suit, despite the fact he had no arguable affiliation with the criminal case. The article accused Gertz of being member to communist organizations, having an extensive criminal record and of being an anti-American communist generally. Most to all of these allegations were wholly unfactual. Gertz sued for libel.
2. Legal Issue
The central legal issue in this case is the question of whether a news publication/broadcast can cite constitutional privelege protection as a defense against libel charges brought by a private party, according to the precedent laid down in New York Times v. Sullivan, which insulated media entities to some degree from libel liability for inaccurate information published without proof of actual malice.
3. Decision
The U.S. Supreme Court reversed the lower courts’ rulings in favor of the magazine. The precedent established for public figures in Times v. Sullivan, the Supreme Court said, cannot be applied to private parties. The Court also dismissed the defendant’s assertion that Gertz could be considered a public figure because of his affiliation with the case. This case was sent back down to lower courts for a retrial under the newly established precedent.
4. Analysis
The Court said that private citizens have a diminished access to mass communication channels that could enable them to adjust their public esteem by countering the defamatory falsehoods published by the libeling party, which affords private citizens a greater level of protection. Private citizens do not invite themselves to the higher degree of public scrutiny, the Court said, that is inextricably tied to one who voluntarily assumes a postion of public prominence.
As for the magazine’s contention that Gertz was a public entity due to his affiliation with the case, the court ruled that nothing he had done justified an interpretation of him as a public figure.
5. Questions
- Courts have determined that celebrities can be considered public figures due to their ability to influence the opinions of a great many people, as well as the public’s heightened interest in them. Where should this line be drawn? At what point does a person achieve a sufficient celebrity status to deem them a public figure?
- Should individuals who have through their accomplishments and affiliations achieved a degree of fame in the public be subject to the same scrutiny as standing government officials?
- Another issue in this case was criticism of the unpredictability of jurys’ punitive damage awards in libel cases. How should appropriate compensation for these damages be measured?
3 thoughts on “Gertz v. Robert Welch, Inc. (1974)”
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September 21st, 2011 at 10:53 am
In reguards to question two: Yes, a degree of fame established by an individual should carry a higher burden of proof when seeking damages in a libel suit. This is because the American people are fascinated by those who have reached fame, and closely watch their words, actions and morals. The media closely covers the “famous”, furthermore giving everyday citizens insight into what a public figure or celebrity thinks and feels about a certain issue. They are highly influential to their many dedicated followers and so are the messages which they put out. By accomplishments and affiliations one, whether or not purposefully, is putting themself out there to be watched closely by the media, thus criticism is inevitable.
September 22nd, 2011 at 9:43 am
Your first question is a very good one; one that I think will never quite be fully answered. To me, the line should be drawn when it’s not likely that someone walking down the street would recognize the name of the person in question. Celebrity is a social construct that derives from public knowledge of a person. There’s not really a way to empirically test how many people know who a person is. Since that is the case, general hypothetical scenarios must be used to determine celebrity.
September 23rd, 2011 at 8:51 pm
I have no idea to the anser of your first question. I pondered for a bit and came to the realization that public figures are subjective. I might know who Taraji Henson is because I like black female actresses or someone might know who Kendra wilkinson is because she has a T.v show on E their favorite station. I do believe some people are undeniable like Michael Jackson and Donald Trump but if that’s the case only 4 percent of people would be protected under that law. That is a very intriguing question and it leaves room for confusion.