| Gertz v. Robert Welch, Inc. | |
|---|---|
 | |
| Argued November 14, 1973 Decided June 25, 1974 | |
| Full case name | Elmer Gertz v. Robert Welch, Incorporated |
| Citations | 418 U.S. 323 (more) 94 S. Ct. 2997; 41 L. Ed. 2d 789; 1974 U.S. LEXIS 88; 1 Media L. Rep. 1633 |
| Case history | |
| Prior | Motion to dismiss denied, 306 F. Supp. 310 (N.D. Ill. 1969); judgment for plaintiff, N.D. Ill.; judgment set aside, judgment for defendant, 322 F. Supp. 997 (N.D. Ill. 1970); affirmed, 471 F.2d 801 (7th Cir. 1972); rehearing denied, 7th Circuit, 9-7-72; cert. granted, 410 U.S. 925 (1973). |
| Subsequent | Retrial on remand, judgment for plaintiff, N.D. Ill.; affirmed, 680 F.2d 527 (7th Cir. 1982); certiorari denied, 459 U.S. 1226 (1983). |
| Holding | |
| The First Amendment permits states to formulate their own standards of libel for defamatory statements made about private figures, as long as liability is not imposed without fault. Seventh Circuit reversed. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Stewart, Marshall, Blackmun, Rehnquist |
| Concurrence | Blackmun |
| Dissent | Burger |
| Dissent | Douglas |
| Dissent | Brennan |
| Dissent | White |
| Laws applied | |
| U.S. Const. amend. I | |
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded.[1]
The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule.