| Rosenblatt v. Baer | |
|---|---|
 | |
| Argued October 20, 1965 Decided February 21, 1966 | |
| Full case name | Rosenblatt v. Baer |
| Citations | 383 U.S. 75 (more) 86 S. Ct. 669; 15 L. Ed. 2d 597; 1966 U.S. LEXIS 2847 |
| Questions presented | |
| Does a government official have to prove that defamatory statements were made in actual malice to succeed in a libel action? | |
| Holding | |
| An otherwise impersonal attack on governmental operations cannot be used to establish defamation of those administering such operations absent evidence that the implication of wrongdoing was read as specifically directed at the plaintiff, whether he is considered a public official or a member of a group responsible for governmental operations, and whether or not others were also implicated. The trial judge's instruction was erroneous to the extent that it authorized the jury to award respondent damages without regard to evidence that the asserted implication of the column was made with specific reference to him. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Warren, White; Harlan (except part II); Douglas (part II) |
| Concurrence | Clark |
| Concurrence | Douglas |
| Concurrence | Stewart |
| Concur/dissent | Black, joined by Douglas |
| Concur/dissent | Harlan |
| Dissent | Fortas (jurisdictional)[a] |
Rosenblatt v. Baer, 383 U.S. 75 (1966), was a United States Supreme Court case regarding the First Amendment to the United States Constitution.
- ^ "The Vote in the Case". The Supreme Court Database. Washington University Law. Retrieved October 14, 2023.
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