Concurrence Warren | End date 1967 | |
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Full case name Curtis Publishing Company v. Wally Butts Citations 388 U.S. 130 (more)
94 S. Ct. 2997; 41 L. Ed. 2d 789; 1974 U.S. LEXIS 88; 1 Media L. Rep. 1633 Prior history Cert. to the United States Court of Appeals for the Fifth Circuit Subsequent history No. 37, 351 F.2d 702, affirmed; No. 150, 393 S.W.2d 671, reversed and remanded Plurality Harlan, joined by Clark, Stewart, Fortas Ruling court Supreme Court of the United States Similar Gertz v Robert Welch - Inc, Time - Inc v Hill, New York Times Co v Sullivan, Coggs v Bernard, Vaughan v Menlove | ||
Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals.
Contents
Background
This case involved a libel lawsuit filed by former Georgia Bulldogs football coach Wally Butts against the Saturday Evening Post. The lawsuit arose from an article in the magazine alleging that Butts and Alabama head coach Bear Bryant had conspired to fix games.
Opinion of the Court
In a plurality opinion, written by Justice John Marshall Harlan II, the Court held that while news organizations were protected from liability when printing allegations about public officials, under the Supreme Court's New York Times Co. v. Sullivan decision (1964), they may still be liable to public figures if the information they disseminate is recklessly gathered and unchecked.
The Court ultimately ruled in favor of Butts, and the Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, which was later reduced on appeal to $460,000.
The settlement was seen as a contributing factor in the demise of the venerable Saturday Evening Post and its parent corporation, the Curtis Publishing Company, two years later. Both Butts and Bryant had sued for $10 million each. Bryant settled for $300,000.