dun bradstreet greenmoss builders argued march decided june petitioner credit reporting agency sent report five subscribers indicating respondent construction contractor filed voluntary petition bankruptcy report false grossly misrepresented respondent assets liabilities thereafter petitioner issued corrective notice respondent dissatisfied notice brought defamation action vermont state alleging false report injured reputation seeking damages trial jury returned verdict respondent favor awarded compensatory presumed damages punitive damages trial believed gertz robert welch controlled granted petitioner motion new trial ground instructions jury permitted award damages lesser showing actual malice vermont reversed holding gertz inapplicable nonmedia defamation actions held judgment affirmed affirmed justice powell joined justice rehnquist justice concluded fact jury instructions question referred malice lack good faith actual malice require jury find actual malice respondent contends instructions failed define terms consequently trial correctly concluded instructions satisfy gertz pp permitting recovery presumed punitive damages defamation cases absent showing actual malice violate first amendment defamatory statements involve matters public concern pp light reduced constitutional value speech matters purely private concern opposed speech matters public concern state interest compensating private individuals injury reputation adequately supports awards presumed punitive damages even absent showing actual malice cf gertz pp gertz supra apply case petitioner credit report concerned public issue speech solely individual interest speaker specific business audience particular interest warranted special protection wholly false damaging victim business reputation moreover since credit report made available five subscribers subscription agreement disseminate said report involved strong interest free flow commercial information speech like advertising solely motivated desire profit hardy unlikely deterred incidental state regulation event market provides powerful incentive credit reporting agency accurate since false reporting use creditors pp chief justice concluded gertz inapplicable case allegedly defamatory expression involved relate matter public concern reason needed dispose case pp justice white concluded gertz applied case either gertz overruled defamatory publication question deal matter public importance gordon lee garrett reargued cause petitioner briefs hugh dorsey david bailey william smith peter monte buffum lovell thomas heilmann reargued cause filed briefs respondent briefs amici curiae urging reversal filed american federation labor congress industrial organizations robert weinberg george kaufmann laurence gold dow jones robert sack frederick davis information industry association richard wiley lawrence secrest iii michael yourshaw patricia reilly washington post david kendall kevin baine william murane filed briefs sunward amicus curiae urging affirmance justice powell announced judgment delivered opinion justice rehnquist justice joined gertz robert welch held first amendment restricted damages private individual obtain publisher libel involved matter public concern specifically held circumstances first amendment prohibited awards presumed punitive damages false defamatory statements unless plaintiff shows actual malice knowledge falsity reckless disregard truth question presented case whether rule gertz applies false defamatory statements involve matters public concern petitioner dun bradstreet credit reporting agency provides subscribers financial related information businesses information confidential terms subscription agreement subscribers may reveal anyone else july petitioner sent report five subscribers indicating respondent construction contractor filed voluntary petition bankruptcy report false grossly misrepresented respondent assets liabilities day discussing possibility future financing bank respondent president told bank received defamatory report immediately called petitioner regional office explained error asked correction addition requested names firms received false report order assure company solvent petitioner promised look matter refused divulge names received report determining report indeed false petitioner issued corrective notice august five subscribers received initial report notice stated one respondent former employees respondent filed bankruptcy respondent continued business usual respondent told petitioner dissatisfied notice asked list subscribers seen initial report petitioner refused divulge names respondent brought defamation action vermont state alleged false report injured reputation sought compensatory punitive damages trial established error petitioner report caused one employees high school student paid review vermont bankruptcy pleadings inadvertently attributed respondent bankruptcy petition filed one respondent former employees although petitioner representative testified routine practice check accuracy reports businesses try verify information respondent reporting trial jury returned verdict favor respondent awarded compensatory presumed damages punitive damages petitioner moved new trial argued gertz robert welch supra ruled broadly may permit recovery presumed punitive damages least liability based showing knowledge falsity reckless disregard truth argued judge instructions case permitted jury award damages lesser showing trial indicated doubt whether gertz applied cases granted new trial ecause dissatisfaction charge conviction interests justice require app vermont reversed although recognizing certain instances distinction media nonmedia defendants may difficult draw stated difficulty presented credit reporting agencies business selling financial information limited number subscribers paid substantial fees services relying distinguishing characteristic credit reporting firms concluded firms type media worthy first amendment protection contemplated new york times sullivan progeny held balance private plaintiff right recover presumed punitive damages without showing special fault first amendment rights nonmedia speakers must struck favor private plaintiff defamed nonmedia defendant accordingly held matter federal constitutional law media protections outlined gertz inapplicable nonmedia defamation actions ibid recognizing disagreement among lower courts protections gertz apply granted certiorari affirm although reasons different relied upon vermont ii initial matter respondent contends need determine whether gertz applies case instructions taken whole required jury find actual malice awarding presumed punitive damages trial instructed jury report libelous per se respondent required prove actual damages since damage loss conclusively presumed app accord also instructed jury award punitive damages found actual malice relevant instruction liability established unless respondent showed malice lack good faith part defendant respondent contends references malice lack good faith actual malice required jury find knowledge falsity reckless disregard truth actual malice new york times sullivan awarded presumed punitive damages reject claim trial failed define terms adequately example provide jury definition term actual malice fact relevant term defined simple malice definitions term included new york times formulation also concepts bad faith reckless disregard statement possible consequences app instructions thus permitted jury award presumed punitive damages lesser showing actual malice consequently trial conclusion instructions satisfy gertz correct vermont determination gertz inapplicable necessary decision trial erred granting motion new trial therefore must consider whether gertz applies case us iii new york times sullivan supra first time held first amendment limits reach state defamation laws case concerned public official recovery damages publication advertisement criticizing police conduct civil rights demonstration noted advertisement concerned one major public issues time noting freedom expression upon public questions secured first amendment emphasis added debate public issues uninhibited robust emphasis added held public official recover damages defamatory falsehood unless proves false statement made actual malice knowledge false reckless disregard whether false later cases involving public issues extended constitutional protection libels public figures curtis publishing butts one case suggested plurality opinion constitutional rule extend libels individual long defamatory statements involved matter public general interest rosenbloom metromedia opinion brennan gertz robert welch held protections new york times extend far rosenbloom suggested gertz concerned libelous article appearing magazine called american opinion monthly outlet john birch society article question discussed whether prosecution policeman chicago part communist campaign discredit local law enforcement agencies plaintiff gertz neither public official public figure lawyer tangentially involved prosecution magazine alleged chief architect police officer linked communist activity like every case found constitutional limits state defamation laws gertz involved expression matter undoubted public concern gertz held fact expression concerned public issue entitle libel defendant constitutional protections new york times protections found justified solely reference interest press broadcast media immunity liability rather represented accommodation first amendment concern limited state interest present context libel actions brought public persons ibid libel actions brought private persons found competing interests different largely private persons voluntarily exposed increased risk injury defamatory statements generally lack effective opportunities rebutting statements found state possessed strong legitimate interest compensating private individuals injury reputation balancing stronger state interest first amendment interest stake new york times held state allow recovery presumed punitive damages absent showing actual malice nothing opinion however indicated balance struck regardless type speech involved iv never considered whether gertz balance obtains defamatory statements involve issue public concern make determination must employ approach approved gertz balance state interest compensating private individuals injury reputation first amendment interest protecting type expression state interest identical one weighed gertz found strong legitimate state lightly required abandon justice stewart reminded us individual right protection good name reflects basic concept essential dignity worth every human concept root decent system ordered liberty protection private personality like protection life left primarily individual ninth tenth amendments rosenblatt baer concurring opinion first amendment fashioned assure unfettered interchange ideas bringing political social changes desired people roth new york times sullivan peech concerning public affairs essence garrison louisiana accordingly frequently reaffirmed speech public issues occupies highest rung hierarchy first amendment values entitled special protection naacp claiborne hardware carey brown threat free robust debate public issues potential interference meaningful dialogue ideas concerning threat liability causing reaction press facts present case wholly without first amendment concerns struggling motorsports markley speech totally unprotected first amendment see connick myers supra protections less stringent gertz found state interest awarding presumed punitive damages substantial view effect speech core first amendment concern interest however substantial relative incidental effect remedies may speech significantly less constitutional interest rationale rules experience judgment history proof actual damage impossible great many cases character defamatory words circumstances publication certain serious harm resulted fact prosser law torts ed accord rowe metz supra note developments law defamation harv rev result courts centuries allowed juries presume damage occurred many defamatory utterances publications restatement torts comment noting hale announced damages presumed libel early rule furthers state interest providing remedies defamation ensuring remedies effective light reduced constitutional value speech involving matters public concern hold state interest adequately supports awards presumed punitive damages even absent showing actual malice remaining issue whether petitioner credit report involved matter public concern related context held hether speech addresses matter public concern must determined expression content form context revealed whole record connick myers supra factors indicate petitioner credit report concerns public issue speech solely individual interest speaker specific business audience cf central hudson gas elec public service new york particular interest warrants special protection case speech wholly false clearly damaging victim business reputation cf virginia pharmacy bd virginia citizens consumer council moreover since credit report made available five subscribers terms subscription agreement disseminate said report involves strong interest free flow commercial information simply credible argument type credit reporting requires special protection ensure debate public issues uninhibited robust new york times sullivan addition speech like advertising hardy unlikely deterred incidental state regulation see virginia pharmacy bd virginia citizens consumer council solely motivated desire profit noted force less likely deterred others ibid arguably reporting also objectively verifiable speech deserving greater protection see ibid case market provides powerful incentive credit reporting agency accurate since false credit reporting use creditors thus incremental chilling effect libel suits decreased significance vi conclude permitting recovery presumed punitive damages defamation cases absent showing actual malice violate first amendment defamatory statements involve matters public concern accordingly affirm judgment vermont ordered footnotes respondent also argues petitioner seek protections outlined gertz jury instructions given issue therefore preserved review since vermont considered federal constitutional issue properly presented decided bar review see orr orr full instruction malice reads follows find defendant acted bad faith towards plaintiff publishing erroneous report defendant intended injure plaintiff business acted willful wanton reckless disregard rights interests plaintiff defendant acted maliciously privilege destroyed report made reckless disregard possible consequences made knowledge false reckless disregard truth falsity made malice app emphasis added dissent several points gertz makes perfectly clear restrictions presumed punitive damages apply cases post given context gertz however made perfectly clear restrictions applied cases involving public speech fact dissent concedes gertz focused largely defining circumstances protection central first amendment value robust debate public issues mandate plaintiffs show actual malice obtain judgment actual damages post original emphasis dissent also incorrectly gertz specifically held post award presumed punitive damages less showing actual malice narrowly tailored means achieve legitimate state purpose protecting reputation private persons post unrestrained presumed punitive damages unnecessarily broad relation legitimate state interests post although made statements within context public speech neither statement controls narrowly tailored unnecessarily broad respect public speech necessarily respect speech issue properly understood gertz consistent result reach today many occasions recognized certain kinds speech less central interests first amendment others obscene speech fighting words long accorded protection roth chaplinsky new hampshire cf harisiades shaughnessy advocating violent overthrow government unprotected speech near minnesota ex rel olson publication troopship sailing wartime may enjoined area protected speech prominent example reduced protection certain kinds speech concerns commercial speech speech noted occupies subordinate position scale first amendment values ohralik ohio state bar also easily verifiable less likely deterred proper regulation virginia pharmacy bd virginia citizens consumer council accordingly may regulated ways might impermissible realm noncommercial expression ohralik supra central hudson gas elec public service new york areas law provide examples ohralik noted umerous examples communications regulated without offending first amendment exchange information securities corporate proxy statements exchange price production information among competitors employers threats retaliation labor activities employees citations omitted yet similar regulation political speech subject rigorous scrutiny see brown hartlage new york times sullivan buckley valeo likewise power state license lawyers psychiatrists public school teachers speak living unquestioned held law requiring licensing union organizers unconstitutional first amendment thomas collins see also rosenbloom metromedia opinion brennan determinant whether first amendment applies state libel actions whether utterance involved concerns issue public general concern one commentator remarked respect case commercial supplier credit information defames person applying credit case us today first amendment requirements outlined gertz apply something clearly wrong first amendment gertz shiffrin first amendment economic regulation away general theory first amendment nw rev dissent purporting apply balancing test today concludes even speech purely private matters entitled protections gertz post balance however rests misinterpretation particular dissent finds language gertz believes shows state interest irrelevant see post easy step dissent say state interest outweighed even reduced first amendment interest private speech gertz however say state interest irrelevant absolute terms indeed statement belied gertz held presumed punitive damages available circumstances rather gertz language indicates state interest substantial relative first amendment interest public speech language thus irrelevant today decision dissent balance moreover lead protection libels matter attenuated constitutional interest dissent law woman impeccable character branded whore jealous neighbor effective recourse unless prove actual malice clear convincing evidence malice ordinary sense demanding sense new york times dissent effect constitutionalize entire common law libel dissent suggests holding today leaves credit reporting subject reduced first amendment protection incorrect protection accorded particular credit report depends whether report content form context indicate concerns public matter also hold dissent suggests post report subject reduced constitutional protection constitutes economic commercial speech discuss speech along advertising show many concerns argue favor reduced constitutional protection areas apply well appeals fifth circuit noted provide qualified privilege libel suits commercial credit reporting agencies thriving credit reporting business commercial credit transactions inhibited hood dun bradstreet cert denied cited empirical study comparing credit transactions boise idaho privilege spokane washington one chief justice burger concurring judgment gertz robert welch contrary common law prevailing divided held private plaintiff defamation action recover published falsehood unless proves defendant least negligent publishing falsehood held presumed damages action private plaintiff receive punitive damages unless established publication made actual malice defined new york times sullivan dissented gertz believed insofar ordinary private citizen concerned opinion abandon ed traditional thread theme law country time preferred allow area law continue evolve respect private citizens rather embark new doctrinal theory jurisprudential ancestry ibid gertz however law land overruled must principle stare decisis applied single question today whether gertz applies case plurality opinion holds gertz apply unlike challenged expression gertz alleged defamatory expression case relate matter public concern agree gertz limited circumstances alleged defamatory expression concerns matter general public importance expression question relates matter essentially private concern therefore agree plurality opinion extent holds gertz inapplicable case two reasons indicated needed dispose present case continue believe however gertz therefore agree justice white gertz overruled also agree generally justice white observations concerning new york times sullivan new york times however equates reckless disregard truth malice permit jury instruction malice may found defendant shown published defamatory material exercise reasonable care revealed untrue since applied literal language new york times way agree justice white reexamined great rights guaranteed first amendment carry certain responsibilities well consideration issues inevitably recalls aphorism journalism much checking facts ruined many good news story justice white concurring judgment new york times sullivan law defamation almost exclusively business state courts legislatures prevailing state libel law defamed individual prove false written publication subjected hatred contempt ridicule truth defense given defamatory false circulation general injury reputation presumed special damages pecuniary loss emotional distress recovered punitive damages available malice shown general damages injury reputation presumed awarded judgment history many cases effect defamatory statements subtle indirect impossible directly trace effects thereof loss person defamed restatement torts comment defendant permitted show reputational injury least prevailing rule least nominal damages awarded defamatory publication actionable per se rule performed vindicatory function enabling plaintiff publicly brand defamatory publication false salutary social value rule preventive character since often permits defamed person expose groundless character defamatory rumor harm reputation resulted therefrom id comment new york times sullivan first major step proved seemingly irreversible process constitutionalizing entire law libel slander rule announced case public official suing libel longer make case proving false damaging publication establish liability recover damages whether presumed actually proved unless proved malice defined knowing falsehood reckless disregard truth given proof however usual damages available including presumed punitive damages judgment overturning years libel law deemed necessary implement first amendment interest uninhibited robust debate public issues three years later rule applied plaintiffs public officials termed public figures curtis publishing butts four justices took view new york times rules apply wherever publication concerned manner general public interest even though plaintiff private person rosenbloom metromedia view command majority gertz robert welch dealt defamation actions private individuals first time holding plaintiffs longer recover proving false statement matter damaging might reputation must addition prove fault least negligence even proof damages presumed proved furthermore punitive damages available without proof new york times malice decision purported implement first amendment values seemingly left defamation actions free federal constitutional limitations joined judgment opinion new york times also joined later decisions extending new york times standard situations came increasing doubts soundness approach assumptions underlying join plurality opinion rosenbloom dissented gertz asserting remedies retained private plaintiffs remain convinced gertz erroneously decided also become convinced struck improvident balance new york times case public interest fully informed public officials public affairs competing interest defamed vindicating reputation country like people purport able govern elected representatives adequate information government transcendent importance flow intelligence deserves full first amendment protection criticism assessment performance public officials government general subject penalties imposed law first amendment values served circulating false statements fact public officials contrary erroneous information frustrates values even disserved statements falsely impugn honesty men women hence lessen confidence government said gertz constitutional value false statements fact neither intentional lie careless error materially advances society interest uninhibited robust debate public issues yet new york times cases public official complaint dismissed unless alleges makes jury case knowing reckless falsehood absent proof jury verdict judgment kind favor even challenged publication admittedly false lie stand public continue misinformed public matters recurringly happen putative plaintiff burden exceedingly difficult satisfy discharged expensive litigation even plaintiff sues frequently loses summary judgment never gets jury insufficient proof malice wins jury verdicts often overturned appellate courts failure prove malice furthermore plaintiff loses jury likely return general verdict judgment publication false even though without foundation reality public left conclude challenged statement true chance accurately informed measured public official ability counter lie unaided courts decidedly weak reed depend vindication first amendment interests rare case denial overtakes original charge denials retractions corrections hot news rarely receive prominence original story rosenbloom opinion brennan gertz supra brennan dissenting also leaving lie uncorrected new york times rule plainly leaves public official without remedy damage reputation yet observed individual right protection good name basic consideration constitutional system reflecting basic concept essential dignity worth every human concept root decent system ordered liberty gertz supra quoting rosenblatt baer stewart concurring upshot public official must suffer injury often get judgment identifying lie little chance countering lie public press new york times rule thus countenances two evils first stream information public officials public affairs polluted often remains polluted false information second reputation professional life defeated plaintiff may destroyed falsehoods might avoided reasonable effort investigate facts terms first amendment reputational interests stake seem grossly perverse results course new york times unaware realities despite ringing endorsement uninhibited debate taken literally protect falsehoods kinds fairly accused giving constitutional protection false information went find competing overriding constitutional justification decision constitutional interest flow information public affairs thought strong discovering truth area difficult even best efforts considerations weighed heavily write speak public affairs though require breathing room permitted err misinform public long act unknowingly without recklessness press faced possibly sizable damages every mistaken publication injurious reputation result unacceptable degree might prevent occasional mistaken libel also often prevent timely flow information though true readily verified press must therefore privileged spread false information even though information negative first amendment value severely damaging reputation order encourage full flow truth otherwise might withheld gertz subject similar observations although rejecting new york times malice standard plaintiff neither public official public figure nevertheless deprived private plaintiff remedies making recovery difficult order provide margin error ruled without proof least negligence plaintiff damaged outrageous falsehoods remedies lie likely go uncorrected even fault proved actual damage reputation shown burden traditional libel law considered difficult impossible discharge reason justice powell impose plaintiff burden proving damages case us although much talk gertz liability without fault unfairness presuming damages case new york times done name first amendment purportedly shield press others writing public affairs possibly intimidating damages liability protecting press intimidating damages liability might lead excessive timidity driving force behind new york times gertz evident engaged severe overkill cases new york times instead escalating plaintiff burden proof almost impossible level achieved stated goal limiting recoverable damages level unduly threaten press punitive damages might scrutinized justice harlan suggested rosenbloom supra perhaps even entirely forbidden presumed damages reputation might prohibited limited gertz course taken standard liability retained defamed public official upon proving falsity least judgment effect reputation vindicated extent possible misinformation circulated countered might also recovered modest amount enough perhaps pay litigation expenses least public official required satisfy actual malice standard sought damages clear name way first amendment reputational interests far better served talking cases mere criticism opinion misstatements fact seriously harm reputation another lowering estimation community deter third persons associating dealing restatement torts necessary breathing room speakers ensured limitations recoverable damages also require depriving many public figures room vindicate reputations sullied false statements fact suggested even without threat large presumed punitive damages awards press defendants communication unduly chilled pay actual damages caused defame commercial enterprises country business disseminating information must pay damage cause cost business difficult argue free vigorous press rule new york times announced event new york times standard formulated protect press chilling danger numerous large damages awards nothing central rationale behind new york times demands absolute immunity suits establish falsity defamatory misstatements public figure plaintiff make jury case actual malice still believe rules retained plaintiff public official public figure see undervalued reputational interest stake cases also come doubt easy assumption rules muzzle press even accepting gertz premise press also needed protection suits private parties need modify requirements establishing liability increase burden proof must satisfied secure judgment authorizing least nominal damages recovery additional sums within limitations might set interesting justice powell declines follow gertz approach case thought decision gertz intended reach cases involve false statements fact injurious reputation whether statement made privately publicly whether implicates matter public importance justice powell however distinguishes gertz case involved matter public concern element absent wisely view justice powell rest application different rule distinction drawn media nonmedia defendants issue agree justice brennan first amendment gives protection press defamation suits others exercising freedom speech none cases affords distinction contrary rejected every turn rejected particularly context since makes sense give protection publishers reach readers therefore pollute channels communication misinformation damage private reputation gertz distinguished case ground applies allegedly false publication deals matter general public importance false publication deal matter rules apply whether defendant member media public disseminator nonmedia individual publishing privately although justice powell speaks inapplicability gertz rule respect presumed punitive damages must gertz requirement kind fault part defendant also inapplicable cases said dissented gertz doubt decision case made measurable contribution first amendment reputational values since announcement sure saved press great deal money like new york times decision burden plaintiffs must meet invites long complicated discovery involving detailed investigation workings press news story developed state mind reporter publisher see herbert lando kind litigation expensive suspect press worse financially rules apply judiciary careful insist damages awards kept within bounds legislative solution damages problem also appropriate moreover since libel plaintiffs likely interested clearing names damages doubt limiting recoveries deter unfair event assume press successful powerful intimidated withholding news decent journalistic standards believes true question us whether gertz applied case either two reasons believe first unreconciled gertz holding believe overruled second justice powell indicates defamatory publication case deal matter public importance consequently concur judgment common law slander unlike libel actionable per se dealt narrow range statements imputing criminal offense venereal loathsome communicable disease improper conduct lawful business unchastity woman restatement torts actionable slanderous statements required additional proof special damages injury reputation emotional distress special damages often took form material pecuniary loss comment pp plaintiff succeeds proving jury case malice may jury asked bring separate verdicts falsity malice event verdict favor plaintiff falsity malice judgment favor verdict falsity public one tend set record right clear plaintiff name might suggested courts organs government trusted discern truth logical consequence view first amendment forbids libel slander suits suit recovery unless finds publication issue factually false course forum perfect justification leaving whole classes defamed individuals without redress realistic opportunity clear names entrust juries courts responsibility decisions affecting life liberty persons perverse indeed say bodies incompetent inquire truth statement fact defamation case therefore discern nothing constitution forbids plaintiff obtain judicial decree statement false decree use community clear name prevent damage defamation already published unresponsive suggestion dissent plaintiff able prove obtain judgment falsehood without establish kind fault explained branzburg hayes informative function asserted representatives organized press justify greater privileges first amendment also performed lecturers political pollsters novelists academic researchers dramatists inception without discussing issue applied rule new york times nonmedia defendants see new york times henry collins garrison louisiana made plain organized press monopoly neither first amendment ability enlighten first national bank boston bellotti see also pell procunier press independent first amendment right access prisons cf buckley valeo idea government restrict speech elements society enhance relative voice others wholly foreign first amendment justice brennan justice marshall justice blackmun justice stevens join dissenting case involves difficult question proper application gertz robert welch credit reporting type speech remove first gave rise explicit first amendment restrictions state defamation law produced diversity considered opinions none speaks justice powell plurality opinion affirming judgment apply gertz limitations presumed punitive damages case rather three justices joining opinion hold first amendment requirement actual malice clear convincing showing knowing falsehood reckless disregard truth application defamation action speech involved subject purely private concern circulated extremely limited audience establishing exception opinion reaffirms gertz cases involving matters public concern ante reaffirms new york times sullivan cases challenged speech allegedly libels public official public figure ante justice white also affirm apply gertz case ground subject matter publication deal matter general public importance ante concurring judgment chief justice apparently agrees justice white ante concurring judgment four join opinion reverse judgment vermont believe although protection type expression issue admittedly central meaning first amendment gertz makes clear first amendment nonetheless requires restraints presumed punitive damages awards expression lack consensus approach idiosyncratic facts however obscure solid allegiance principles new york times sullivan continue command jurisprudence see also bose consumer union new york times sullivan held first amendment shields speak good faith threat unrestrained libel judgments unintentionally false criticism public official recognizing libel law like governmental regulation content speech claim talismanic immunity constitutional limitations must measured standards satisfy first amendment drew salutary developments unquestioned first amendment principles formulate actual malice test erroneous statement inevitable free debate must protected freedoms expression breathing space need survive new york times sullivan supra quoting naacp button see bose supra solidly accepted principles issue today first amendment libel decisions last two decades large measure effort explore full ramifications new york times sullivan principles building extension actual malice public figure plaintiffs curtis publishing butts rosenbloom metromedia gertz robert welch supra focused largely defining circumstances protection central first amendment value robust debate public issues mandate plaintiffs show actual malice obtain judgment actual damages settled rule requiring actual malice prerequisite recovery suits brought public officials public figures also recognized however first amendment requires significant protection defamation law chill range expression far broader simply speech pure political issues see time hill guarantees free speech press preserve political expression comment upon public affairs essential healthy government cf abood detroit board education cases since new york times sullivan proceeded general premise libel law implicates first amendment values extent deters true speech otherwise protected first amendment sense defamation law differ state efforts control obscenity see miller california ensure loyalty see speiser randall protect consumers see virginia pharmacy bd virginia citizens consumer council oversee professions see zauderer office disciplinary counsel ohio pursue public welfare goals regulation speech deal complex strands web freedoms make free speech operation effect method speech sought restrained must subjected close analysis critical judgment light particular circumstances applied speiser randall supra general proscription unnecessarily broad regulation permeates first amendment jurisprudence libel law less governmental effort regulate speech must therefore use finer instruments ensure adequate space protected expression cf central hudson gas electric public service new york restriction may extend far interest serves lowe sec ante white concurring judgment first amendment permits restraints speech narrowly tailored advance legitimate governmental interest ready availability unconstrained application presumed punitive damages libel actions blunt regulatory instrument satisfy first amendment principle even alleged libel implicate directly type speech issue new york times sullivan justice harlan made precisely point rosenbloom minimum even purely private libel area think first amendment construed limit imposition punitive damages situations actual malice proved typical standard employed assessing anyone liability punitive damages underlying aim law compensate harm actually caused conceivable state interest justify imposing harsher standard exercise freedoms given explicit protection first amendment dissenting opinion emphasis added justice harlan perception formed cornerstone analysis gertz requiring state remedies defamatory falsehood reach farther necessary protect legitimate interest involved found necessary restrict defamation plaintiffs prove knowledge falsity reckless disregard truth compensation actual injury explained state rules authorizing presumed punitive damages conferred juries largely uncontrolled discretion assess damages wholly unpredictable amounts bearing necessary relation actual harm caused punitive damages particular found wholly irrelevant state interest hey compensation injury emphasis added reasons gertz specifically held award presumed punitive damages less showing actual malice narrowly tailored means achieve legitimate state purpose protecting reputation private persons approach said unnecessarily compounds potential system liability defamatory falsehood inhibit vigorous exercise first amendment freedoms emphasis added thus alleged libel involves criticism public official public figure need nurture robust debate public issues requirement state regulation speech narrowly tailored coalesce require actual malice prerequisite recovery alleged libel involves speech falls outside especially important categories held constitution permits significant leeway compensate actual damage reputation requirement narrowly tailored regulatory measures however always mandates least showing fault proscribes award presumed punitive damages less showing actual malice remained judgment since gertz comprehensive structure best accommodates values constitutional free speech guarantee interest protecting reputation ii question presented narrow neither parties courts suggested respondent greenmoss builders required show actual malice obtain judgment actual compensatory damages parties question requirement gertz respondent must show fault obtain judgment actual damages question presented whether jury award presumed punitive damages based less showing actual malice constitutionally permissible gertz provides forthright negative answer preserve jury verdict case therefore opinions justice powell justice white cut away protective mantle gertz relying analysis vermont respondent urged pruning accomplished restricting applicability gertz cases defendant media entity distinction irreconcilable fundamental first amendment principle inherent worth speech terms capacity informing public depend upon identity source whether corporation association union individual first national bank boston bellotti first amendment difficulties lurk definitional questions approach generate distinction likely born anachronism perhaps importantly argument gertz limited media misapprehends cases protect press ensure vitality first amendment guarantees solicitude implies endorsement principle speakers press deserve lesser first amendment protection realm protected speech legislature constitutionally disqualified dictating speakers may address public issue first national bank boston bellotti supra see bridges california free speech guarantee gives citizen equal right participation see carey brown police department chicago mosley cohen california whitney california brandeis concurring guarantee also protects rights listeners widest possible dissemination information diverse antagonistic sources associated press accordingly least six members four join opinion justice white chief justice agree today context defamation law rights institutional media greater less enjoyed individuals organizations engaged activities see ante opinion concurring judgment eschewing distinction opinions justice white justice powell focus primarily content credit report reason restricting applicability gertz arguing gertz protect speech deals matter public general importance ante justice white without analysis explanation decides credit report issue falls outside protected category plurality opinion justice powell offers virtually conclusion least garnish substantive analysis purporting employ approach approved gertz ante justice powell balances state interest protecting private reputation first amendment interest protecting expression matters public concern state interest found identical stake gertz first amendment interest however found significantly weaker speech public issues involved gertz receives greater constitutional protection speech matter public concern see ante citing connick myers justice powell willing concede speech receives first amendment protection balance finds protection reach far restrain state interest protecting reputation presumed punitive damages awards state defamation actions ante without explaining matter public concern plurality opinion proceeds serve smorgasbord reasons speech issue ante basis affirms vermont courts award presumed punitive damages professing allegiance gertz plurality opinion protests much justice white correctly observes justice powell departs completely analytic framework result case gertz intended reach cases involve false statements whether implicat matter public importance ante concurring judgment even accepting notion distinction drawn matters public concern matters purely private concern however analyses presented justice powell justice white fail terms virtue hold case propose impoverished definition matters public concern irreconcilable first amendment principles credit reporting issue surely involves subject matter sufficient public concern require comprehensive protections gertz speech appropriately characterized matter private concern moreover elimination gertz restrictions presumed punitive damages still violate basic first amendment requirements five members voting affirm damages award case provided almost guidance constitutes protected matter public concern justice white offers nothing opinion indicate distinction turns solely subject matter expression extent conditions dissemination expression ante justice powell adumbrates rationale appear focus primarily subject matter opinion relies fact speech issue solely individual interest speaker specific business audience ante emphasis added anthologizing explicitly advertising opinion also credit reporting hardly solely motivated desire profit ibid two strains analysis suggest justice powell excluding subject matter credit reports matters public concern speech predominantly realm matters economic concern evaluating subject matter expression consistently rejected argument speech entitled diminished first amendment protection simply concerns economic matters economic interest speaker audience see joseph burstyn wilson american federation labor swing thornhill alabama see also abood detroit board education ur cases never suggested expression philosophical social artistic economic literary ethical matters take nonexhaustive list labels entitled full first amendment protection breadth protection evinces recognition freedom expression essential check tyranny foster also intrinsic individual liberty dignity instrumental society search truth see bose consumers union whitney california brandeis concurring speech commercial economic matters even directly implicating central meaning first amendment important part public discourse made clear context discussing labor relations speech thornhill alabama supra recognized satisfactory hours wages working conditions industry bargaining position makes possible importance less interests business industry directly concerned health present generation yet unborn may depend matters practices single factory may economic repercussions upon whole region affect widespread systems marketing merest glance state federal legislation subject demonstrates force argument labor relations matters mere local private concern free discussion concerning conditions industry causes labor disputes appears us indispensable effective intelligent use processes popular government shape destiny modern industrial society credit reporting dun bradstreet falls within reasonable definition public concern consistent precedents justice powell reliance fact dun bradstreet publishes credit reports profit ante wholly unwarranted time made clear speech loses none constitutional protection even though carried form sold profit virginia pharmacy see also smith california joseph burstyn wilson supra importantly announcement bankruptcy local company information potentially great concern residents community company located like labor dispute issue thornhill bankruptcy single factory may economic repercussions upon whole region knowledge solvency effect prevalence bankruptcy certainly inform citizen opinions questions economic regulation difficult suggest bankruptcy subject matter public concern federal law requires invocation judicial mechanisms effectuate makes fact bankruptcy matter public record see cox broadcasting cohn given subject matter credit reporting directly implicates matters public concern balancing analysis today employs properly lead conclusion type expression issue receive first amendment protection chilling potential unrestrained presumed punitive damages defamation actions even subject matter credit reporting properly considered terms justice white justice powell purely matter private discourse speech fall well within range valuable expression first amendment demands protection much expression directly involve public issues receives significant protection cases permit diminution degree protection afforded one category speech economic commercial matters commercial speech defined advertisements propose commercial transaction pittsburgh press pittsburgh human relations may closely regulated types speech even commercial speech however receives substantial first amendment protection zauderer office disciplinary counsel ohio virginia pharmacy bd virginia citizens consumer council supra long preserve predominantly free enterprise economy allocation resources large measure made numerous private economic decisions end free flow commercial information indispensable credit reporting commercial speech defined term even credit reporting considered still entitled substantial protections first amendment affords category see zauderer brennan concurring part dissenting part either view expression issue case receive protection chilling potential unrestrained presumed punitive damages awards defamation actions economic system predicated assumption human welfare improved informed respect ensuring broad distribution accurate financial information comports fundamental first amendment premise widest possible dissemination information diverse antagonistic sources essential welfare public associated press economic information dun bradstreet disseminates credit reports makes undoubted contribution private discourse essential justice douglas made precisely point language first amendment except speech directed private economic decisionmaking certainly speech regarded less important political expression immersed free flow commercial information private sector decisionmaking least effective institution various governments furthering social interest obtaining best general allocation resources financial data circulated dun bradstreet part fabric national commercial communication dun bradstreet grove douglas dissenting denial certiorari credit reports dun bradstreet bear earmarks commercial speech might entitled somewhat less rigorous protection every case permitted extensive state regulation basis commercial speech rationale speech regulated pure advertising offer buy sell goods services encouraging buying selling credit reports commercial advertisements good service proposal buy sell product extremely chary extending commercial speech doctrine beyond narrowly circumscribed category advertising often vitally important speech uttered advance economic interests profit motive making speech hardy dissipates rapidly speech advertising compare central hudson gas electric public service new york consolidated edison public service new york worth noting regard common law although apparently vermont recognizes qualified privilege reports like issue see maurer common law defamation fair credit reporting act geo privilege typically precludes recovery false defamatory credit information without showing bad faith malice standard proof often defined according new york times formulation see datacon dun bradstreet supp nd tex common law thus recognizes credit reporting quite susceptible libel chill accumulated learning worthy respect even justice powell characterization credit reporting issue accepted entirety opinion done demonstrate speech equivalent commercial speech opinion relies analogy advertising credit reporting said hardy motivated desire profit relatively verifiable ante justify elimination restrictions presumed punitive damages state efforts regulate commercial speech form advertising must abide requirement regulatory means chosen narrowly tailored avoid unnecessary chilling protected expression see zauderer supra virginia pharmacy bd virginia citizens consumer council supra central hudson gas electric public service new york supra gertz specifically held unrestrained presumed punitive damages unnecessarily broad relation legitimate state interests indeed gertz held defamation action punitive damages designed chill compensate wholly irrelevant furtherance valid state interest ibid reach conclusions weighing strength state interest strength first amendment interest rather recognized applied principle regulatory measures chill protected speech broader necessary serve legitimate state interest asserted plurality opinion today recognizes must state interest issue identical issue gertz irrelevant gertz must still irrelevant requirement regulatory means broader necessary less applicable even speech simply equivalent commercial speech thus unrestrained presumed punitive damages type speech must run afoul first amendment guarantees even essence garrison louisiana expression issue case important public discourse private welfare motivation might economic interest speaker listeners diminish first amendment value see consolidated edison public service new york whether speech sufficiently central first amendment values require actual malice standard liability speech certainly falls within range speech gertz sought protect chill unrestrained presumed punitive damages awards course commercial context dun bradstreet reports relevant constitutional analysis insofar implicates strong state interest protecting consumers regulating commercial transactions ohralik ohio state bar cf bolger young drug products stevens concurring judgment special harms caused inaccurate credit reports lack public sophistication access reports fact reports large contain statements fairly readily susceptible verification may justify appropriate regulation designed prevent social losses caused false credit reports libel context regulatory interest protecting reputation served rules permitting recovery actual compensatory damages upon showing fault interest deterring potential defamation judicial imposition presumed punitive damages awards less showing actual malice simply exacts high toll first amendment values accordingly greenmoss builders permitted recover actual damage show resulted dun bradstreet negligently false credit report required show actual malice receive presumed punitive damages jury instructed accordance principles reverse remand proceedings inconsistent opinion justice white also ventures modest proposals restructuring first amendment protections currently afforded defendants defamation actions justice white agrees new york times sullivan however breathing space needed ensure robust debate public issues essential democratic society impermissibly threatened unrestrained damages awards defamatory remarks ante opinion concurring judgment principles expressed early opinion pennsylvania meaning bill rights constitution pennsylvania declare freedom press shall restrained printing presses shall free every person undertakes examine proceedings legislature part government hey give every citizen right investigating conduct entrusted public business true liberty press amply secured permitting every man publish opinions due peace dignity society enquire motives publications distinguish meant use reformation eye solely public good intended merely delude defame latter description impossible good government afford protection impunity respublica oswald dall footnotes omitted plurality rosenbloom applied actual malice standard liability alleged libel concerned matters public general interest irrespective status plaintiff opinion brennan gertz rejected rosenbloom plurality public general interest approach approach thought unacceptably impair reputational interests private individuals unlike public officials public figures neither assume risk rough treatment entering public arena ready access media rebut false charges also thought occasion additional difficulty forcing state federal judges decide ad hoc basis publications address issues general public interest citation omitted since decision gertz applied reasoning respect damages excess compensation actual harm areas law see electrical workers foust newport fact concerts cases like gertz recognize alleged deterrence achieved punitive damages awards likely outweighed costs encouragement unnecessary litigation chilling desirable conduct flowing rule least standards awards based smith wade rehnquist dissenting see opinion noting prevailing view punitive damages may awarded conduct outrageous defendant evil motive reckless indifference rights others quoting restatement second torts emphasis deleted dissenting silkwood blackmun dissenting powell dissenting speech might times involve issues public general interest within meaning rosenbloom thus implicate important first amendment interests justify cost gertz held state enhanced interest protecting private reputation cited independent first amendment difficulties inherent judicial determination whether speech concerns matter public interest see supra decision gertz also susceptible alternative justification speech allegedly defaming private person generally far less likely implicate matters public importance speech allegedly defaming public officials public figures light problems inherent judicial determination public interest result explained decision cost evaluation avoided without significant chilling speech involving matters public importance attempt characterize petitioner dun bradstreet illustrates point like account judicial proceedings newspaper magazine news broadcast statement petitioner reports particular company filed bankruptcy report timely news event conveyed members public business organized collect disseminate information thus obvious petitioner find less protection first amendment established print electronic media vermont nonetheless characterized petitioner nonmedia defendant entitled less protection business selling financial information limited number subscribers paid substantial fees services added clear distinction publication disseminates news public consumption one provides specialized information selective finite audience ibid clear line consistent first amendment principles drawn basis criteria petitioner information specialized subscribers pay substantial fees hardly distinguishes reports articles many publications surely fall media side line vermont seeks draw published statements universal interest publications distributed without charge much fare metropolitan daily specialized information selective finite audience pays fee reason treat petitioner differently widely circulated publication limited number subscribers indeed paradoxical increase protection statements injurious reputation size audience hence potential injure grows cf keeton hustler magazine owing transformations technological economic structure communications industry increasing convergence might labeled media nonmedia pool new technologies promise abundant channels lower cost news media american society see also pool technologies freedom federal trade commission media policy session technology legal change subcommittee telecommunications consumer protection finance house committee energy commerce telecommunications transition status competition telecommunications industry sess comm print see minneapolis star tribune minnesota revenue columbia broadcasting system fcc miami herald publishing tornillo branzburg hayes new york times mills alabama grosjean american press see also herbert lando brennan dissenting part saxbe washington post powell dissenting pittsburgh press pittsburgh human relations burger dissenting red lion broadcasting fcc time hill stewart press hastings light increasingly prominent role mass media society awesome power placed hands select gertz white dissenting protection speech nonmedia defendants essential ensure diversity perspectives see barron freedom press ninhibited robust debate new york times sullivan among nonmedia speakers essential fostering development individual political thought debate mass media see klapper effects mass communications justice powell opinion expressly reject distinction expressly decline apply distinction resolve case one searches gertz vain single word support proposition limits presumed punitive damages obtained speech involved matters public concern gertz grounded premise distrust placing courts power decide speech public concern precisely rationale gertz offered rejecting rosenbloom plurality approach incongruous go circumscribe protection presumed punitive damages reference judicial judgment whether speech issue involved matters public concern several points gertz makes perfectly clear restrictions presumed punitive damages apply cases indeed justice powell opinion today fairly read embracing approach rosenbloom plurality deciding constitution limit state defamation law limits imposed however less stringent suggest rosenbloom plurality approach today plurality speech matters public general interest receives gertz protections unrestrained presumed punitive damages full new york times sullivan protections recovery absent showing actual malice justice powell also appears rely part fact communication limited confidential ante given analysis also relies subject matter credit report ante difficult decipher exactly role nature extent dissemination plays justice powell analysis subject matter expression issue properly understood matter public concern see infra may well element confidentiality crucial outcome far justice powell opinion concerned words may justice powell thinks particular expression contribute public welfare public generally receive factor suffice save analysis see infra similarly rejected arguments denying restricting first amendment protection advertising ground advertising matter public concern recognizing even pure advertising may well affected public interest stated free flow commercial information indispensable formation intelligent opinions economic system regulated altered virginia pharmacy bd virginia citizens consumer council see also bigelow virginia viewed entirety abortion advertisement conveyed information potential interest value diverse audience readers possibly need services offered potential political aspect attempts influence consumer preferences also recognized see metromedia san diego brennan concurring judgment may city decide automobile workers billboard message patriot buy cars commercial therefore forbid greater state latitude regulating commercial advertising instead function greater objectivity hardiness virginia pharmacy bd virginia citizens consumer council supra justice powell purports draw connick myers test distinguishing matters public concern matters private concern reliance perpetuates definition public concern wholly accord consistent precedents understanding concept see brennan dissenting moreover connick explicitly limited distinction public private concern context government employment situation see zauderer office disciplinary counsel ohio bolger young products contraceptive advertising lawyer advertising metromedia san diego commercial billboard advertising central hudson gas electric public service new york advertising electricity friedman rogers optometrist advertising ohralik ohio state bar lawyer solicitation business bates state bar arizona lawyer advertising indeed justice powell chosen particularly inapt set facts basis urging return common law though individual interest reputation certainly core notions human dignity ante citing rosenblatt baer stewart concurring see paul davis brennan dissenting reputational interest stake corporation similarly speech solely commercial nature undercuts argument presumed damages unrestrained actions like one actual harm difficult prove credit report viewed commercial expression proving actual damages occurred relatively easy instance alleged libel concerning bank customer may cause bank lower credit limit raise interest rate charged customer commercial context increase need presumed damages anything reduces need presume harm worst commercial damages caused action difficult ascertain many traditional elements tort damages see russell city wildwood future earnings seffert los angeles transit lines cal traynor dissenting pain suffering justice powell analysis fails apply requirement regulation narrowly tailored one point opinion reads particular interest credit reporting warrants special protection speech wholly false clearly damaging victim business reputation ante point course false speech intrinsically deserves protection see gertz burdening unintentional false speech potentially chills truthful speech thus state interest compensating injury resulting false speech must vindicated means narrowly tailored avoid deleterious result justice powell also relies part fact expression limited circulation expressly kept confidential received subject matter expression issue case clearly receive comprehensive protections gertz speech publicly disseminated factor confidential circulation limited number subscribers perhaps properly understood linchpin justice powell analysis see ante confidentiality said report involves strong interest free flow commercial information plurality opinion citation omitted see also supra argument save analysis assertion limited confidential circulation might make expression less matter public concern dubious terms flatly inconsistent decision givhan western line consolidated school perhaps importantly dun bradstreet doubtless provides thousands credit reports thousands subscribers receive information pursuant strictures imposed recipients case systemic matter therefore today decision diminishes free flow information dun bradstreet generally made reticent providing information subscribers see maurer common law defamation fair credit reporting act geo gertz plaintiffs may compensated actual damages upon establishing fault defendant obtain punitive damages plaintiff must demonstrate malice sections fair credit reporting act consistent constitutional principles section provides recovery actual damages upon showing negligence presumably satisfies gertz requirement fault section authorizes punitive damages willful violation act whether section equivalent gertz malice standard depends whether consider possible fail willfully follow reasonable procedures yet manifest reckless disregard truth fine distinction appears unworkable categorical test section likely regarded harmonious principles gertz thus act appears provide degree protection commercial speech currently required first amendment doctrine footnotes omitted