New York Times Co. v. Sullivan · ¶53

We hold today that the Constitution delimits a State’s power to award damages for libel in actions brought by public officials against critics of their official conduct. Since this is such an action, the rule requiring proof of actual malice is applicable. While Alabama law apparently requires proof of actual malice for an award of punitive damages, where general damages are concerned malice is “presumed.” Such a presumption is inconsistent with the federal rule. “The power to create presumptions is not a means of escape from constitutional restrictions,” Bailey v. Alabama, 219 U. S. 219, 239; “the showing of malice required for the forfeiture of the privilege is not presumed but is a matter for proof by the plaintiff....” Lawrence v. Fox, 357 Mich. 134, 146, 97 N. W. 2d 719, 725 (1959). Since the trial judge did not instruct the jury to differentiate between general and punitive…

U. S. Reports, bound volume
U. S. Reports, volume 376, at 254 (Library of Congress) · transcription: Caselaw Access Project
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