time firestone argued october decided march respondent sought separate maintenance husband scion wealthy industrial family filed counterclaim divorce grounds extreme cruelty adultery granted counterclaim stating neither party domesticated within meaning term used florida marriage dissolved basis newspaper wire service reports information bureau chief stringer petitioner published magazine item reporting divorce granted grounds extreme cruelty adultery petitioner declined retract respondent brought libel action state jury verdict damages petitioner ultimately affirmed florida petitioner claims judgment violates rights first fourteenth amendments held standard enunciated new york times sullivan later extended bars media liability defamation public figure absent proof defamatory statements published knowledge falsity reckless disregard truth inapplicable facts case pp respondent public figure since occupy role especial prominence affairs society thrust forefront particular public controversies order influence resolution issues involved gertz robert welch pp new york times rule automatically extend reports judicial proceedings regardless whether party plaintiff proceedings public figure might assumed voluntarily exposed increased risk injury defamatory falsehood gertz supra substantial reason one involved litigation forfeit degree protection afforded law defamation simply virtue drawn courtroom pp finding ever made divorce respondent guilty adultery petitioner reported though petitioner contends faithfully reproduced precise meaning divorce judgment jury verdict upheld appeal rejected petitioner contention report accurate pp case gertz supra imposes constitutional limitations compensatory awards supported competent evidence concerning injury liability imposed without fault since florida permits damages awards defamation actions based elements injury reputation competent evidence permit jury assess amount injury first conditions satisfied pp since however finding fault part petitioner publication defamatory material second constitutional limitation imposed gertz met though trial failure submit question fault jury establish noncompliance constitutional requirement none florida courts considered case determined petitioner fault pp rehnquist delivered opinion burger stewart blackmun powell joined powell filed concurring opinion stewart joined post brennan post white post marshall post filed dissenting opinions stevens took part consideration decision case john pickering argued cause petitioner briefs harold medina william frates edna caruso argued cause filed brief respondent justice rehnquist delivered opinion petitioner publisher time weekly news magazine florida affirmed libel judgment petitioner based item appearing time purported describe result domestic relations litigation respondent husband granted certiorari review petitioner claim judgment violates rights first fourteenth amendments constitution respondent mary alice firestone married russell firestone scion one america wealthier industrial families separated respondent filed complaint separate maintenance circuit palm beach country fla husband counterclaimed divorce grounds extreme cruelty adultery lengthy trial circuit issued judgment granting divorce requested respondent husband relevant part final judgment read cause came final hearing upon plaintiff wife second amended complaint separate maintenance alimony unconnected causes divorce defendant husband answer counterclaim divorce grounds extreme cruelty adultery wife answer thereto setting certain affirmative defenses according certain testimony behalf defendant extramarital escapades plaintiff bizarre amatory nature made freud hair curl testimony plaintiff behalf indicate defendant guilty bounding one bedpartner another erotic zest satyr inclined discount much testimony unreliable nevertheless conclusion finding neither party domesticated within meaning term used florida present case abundantly clear evidence marital discord neither parties shown least susceptibility domestication marriage dissolved premises considered thereupon ordered adjudged follows equities cause defendant defendant counterclaim divorce hereby granted bonds matrimony heretofore existed parties hereby forever dissolved defendant shall pay unto plaintiff sum per month alimony beginning january like sum first day every month thereafter death remarriage plaintiff app divorced russell firestone heir tire fortune mary alice sullivan firestone third wife onetime palm beach schoolteacher grounds extreme cruelty adultery six years marriage one son west palm beach fla intermittent trial produced enough testimony extramarital adventures sides said judge make freud hair curl respondent filed libel action petitioner florida circuit based jury verdict respondent entered judgment petitioner review florida district appeal florida judgment ultimately affirmed petitioner advances several contentions judgment contrary decisions holding first fourteenth amendments constitution limit authority state courts impose liability damages based defamation ii petitioner initially contends liable publishing falsehood defaming respondent unless established publication made actual malice term defined new york times sullivan petitioner advances two arguments support contention respondent public figure within decisions extending new york times defamation suits brought individuals see curtis publishing butts time item constituted report judicial proceeding class subject matter petitioner claims deserves protection actual malice standard even story proved defamatory false inaccurate reject arguments gertz robert welch recently defined meaning public figure purposes first fourteenth amendments part attain status assumed roles especial prominence affairs society occupy positions persuasive power influence deemed public figures purposes commonly classed public figures thrust forefront particular public controversies order influence resolution issues involved petitioner contends firestone divorce characterized florida cause celebre must public controversy respondent must considered public figure petitioner seeks equate public controversy controversies interest public accept reasoning reinstate doctrine advanced plurality opinion rosenbloom metromedia concluded new york times privilege extended falsehoods defamatory private persons whenever statements concern matters general public interest gertz however repudiated position stating extension new york times test proposed rosenbloom plurality abridge legitimate state interest degree find unacceptable dissolution marriage judicial proceedings sort public controversy referred gertz even though marital difficulties extremely wealthy individuals may interest portion reading public respondent freely choose publicize issues propriety married life compelled go state order obtain legal release bonds matrimony said instance esort judicial process voluntary realistic sense defendant called upon defend interests boddie connecticut actions instituting litigation conduct quite different general walker curtis publishing supra assumed special prominence resolution public questions gertz supra hold respondent public figure purpose determining constitutional protection afforded petitioner report factual legal basis divorce similar reasons likewise reject petitioners claim automatic extension new york times privilege reports judicial proceedings argued information concerning proceedings nation courts may importance citizens justify extending special first amendment protection press reporting events recently accepted significantly confined version argument holding constitution precludes imposing civil liability based upon publication truthful information contained official records open public inspection cox broadcasting cohn petitioner us extend reasoning cox broadcasting safeguard even inaccurate false statements least actual malice established argument proves much may reports judicial proceedings contain informational value implicating first amendment recognizing little different labelling judicial proceedings matters public general interest phrase used plurality rosenbloom whatever general validity use classifications determine extent constitutional protection afforded defamatory falsehoods may often result improper balance competing interests area recognition rejection weakness rosenbloom test led us gertz eschew test one focusing upon character defamation plaintiff see confining inquiry whether plaintiff public officer public figure might assumed voluntarily exposed increased risk injury defamatory falsehood sought appropriate accommodation public interest uninhibited press equally compelling need judicial redress libelous utterances cf chaplinsky new hampshire presumptively erecting new york times barrier plaintiffs seeking recover injuries defamatory falsehoods published alleged reports judicial proceedings effect substantial depreciation individual interest protection harm without convincing assurance sacrifice required first amendment instances undiscriminating approach might achieve results directly odds constitutional balance intended indeed article upon gertz libel action based purported report murder trial chicago police officer see decision case make clear blanket privilege reports judicial proceedings found constitution may argued still room application new york times protections narrowly focused reports actually transpires courtroom even narrowed suggested privilege simply broad imposing upon law private defamation rather drastic limitations worked new york times justified generalized references public interest reports judicial proceedings details many courtroom battles add almost nothing toward advancing uninhibited debate public issues thought provide principal support decision new york times see cf rosenblatt baer participants litigation may legitimate public figures either generally limited purpose litigation majority likely resemble respondent drawn public forum largely order attempt obtain redress available defend actions brought state others appears little reason individuals substantially forfeit degree protection law defamation otherwise afford simply virtue drawn courtroom public interest accurate reports judicial proceedings substantially protected cox broadcasting supra inaccurate defamatory reports facts matters deserving first amendment protection see think gertz provides adequate safeguard constitutionally protected interests press affords tolerable margin error requiring type fault iii petitioner urged throughout litigation held liable publication milestones item report respondent divorce factually correct view time article faithfully reproduced precise meaning divorce judgment issue submitted jury instruction intended implement florida limited privilege accurate reports judicial proceedings app see returning verdict respondent jury necessarily found identity meaning petitioner claims exist even laymen florida upheld finding appeal rejecting petitioner contention report accurate matter law demonstration article true seem preclude finding publisher fault see cox broadcasting powell concurring examined predicate petitioner contention believe florida courts properly found milestones item false petitioner report accurate divorce granted russell firestone must based finding divorce wife committed extreme cruelty toward guilty adultery indisputably petitioner reported milestones item equally indisputable facts russell firestone alleged counterclaim respondent guilty adultery divorce never made finding judgment provided russell firestone counterclaim divorce hereby granted specify basis judgment either two grounds alleged counterclaim florida appeal concluded ground actually relied upon divorce lack domestication parties ground theretofore recognized florida law nonetheless affirmed judgment dissolving bonds matrimony record contained sufficient evidence establish ground extreme cruelty firestone firestone petitioner may well argue meaning trial decree unclear license choose among several conceivable interpretations one damaging respondent chosen follow tack petitioner must able establish merely item reported conceivable plausible interpretation decree item factually correct believe ample support jury conclusion affirmed florida case therefore sufficient basis imposing liability upon petitioner constitutional limitations announced gertz satisfied prohibition imposing liability without fault requirement compensatory awards supported competent evidence concerning injury latter requirement little difficulty appears petitioner argued respondent withdrew claim damages reputation eve trial recovery consistent gertz petitioner theory seems compensable injury defamation action may done one reputation claims predicated upon injury definition actions defamation florida obviously decided permit recovery injuries without regard measuring effect falsehood may upon plaintiff reputation transform action something action defamation term meant gertz opinion made clear base awards elements injury reputation specifically listing personal humiliation mental anguish suffering examples injuries might compensated consistently constitution upon showing fault respondent decided forgo recovery injury reputation prevented obtaining compensation damages defamatory falsehood may caused trial charged consistently gertz jury award respondent compensatory damages amount money fairly adequately compensate damages cautioned damages direct natural result alleged libel may recovered app competent evidence introduced permit jury assess amount injury several witnesses testified extent respondent anxiety concern time inaccurately reporting found guilty adultery took stand elaborate fears young son adversely affected falsehood grew older jury decided injuries compensated award warrant determination cf lincoln power iv gertz established however must evidence support award compensatory damages must also evidence fault part defendant charged publishing defamatory material question fault submitted jury case florida law findings required determination liability whether article defamatory whether true whether defamation caused respondent harm failure submit question fault jury establish noncompliance constitutional requirements established gertz however nothing constitution requires assessment fault civil case tried state made jury prohibition finding made first instance appellate rather trial first fourteenth amendments impose upon limitations within judicial systems factfinding tasks shall allocated satisfied one florida courts considered case supportably ascertained petitioner fault required affirm judgment alternative source finding given issue submitted jury opinion florida opinion appears proceed generally assumption showing fault required penultimate paragraph recites furthermore erroneous reporting clear convincing evidence negligence certain segments news media gathering news gertz welch supra pursuant florida law effect time divorce judgment section florida statutes wife found guilty adultery awarded alimony since petitioner awarded alimony found guilty adultery divorce granted ground adultery careful examination final decree prior publication clearly demonstrated divorce granted grounds extreme cruelty thus wife saved humiliation accused adultery nationwide magazine flagrant example journalistic negligence even question fact may constitutional significance normally accord findings state courts deference reviewing constitutional claims see lyons oklahoma gallegos nebraska opinion reed deference predicated belief point state proceedings fact finder made conscious determination existence nonexistence critical fact record us affords basis conclusion may well petitioner account milestones section product fault part libel judgment therefore entirely consistent gertz absence finding element system fault inclined canvass record make determination first instance cf rosenblatt baer accordingly judgment florida vacated case remanded proceedings inconsistent opinion ordered footnotes actual malice test requires plaintiff prove defamatory statement made knowledge false reckless disregard whether false think fact respondent may held press conferences divorce proceedings attempt satisfy inquiring reporters converts public figure interviews effect upon merits legal dispute respondent husband outcome trial think assumed purpose intended moreover indication sought use press conferences vehicle thrust forefront unrelated controversy order influence resolution see gertz robert welch petitioner incorrect arguing rational interpretation ambiguous document constitutionally protected decision time pape applying new york times standard test whether defendant acted reckless disregard truth concluded publication case need tested actual malice standard pape assistance petitioner fact appears none petitioner employees actually saw decree prior publication milestones article think affect extent constitutional protection afforded statement moreover petitioner maintained throughout published identical statement editorial staff opportunity peruse judgment prior publication deadline consistently contended article true compared words judgment included respondent minister attorney divorce proceedings plus several friends neighbors one physician testified administer sedative respondent attempt reduce discomfort wrought worrying article reiterating conclusion article false florida noted falsely accusing woman adultery libelous per se normally actionable without proof damages recognized opinion gertz necessarily displaced presumption damages ruled trial instruction consistent gertz evidence support jury verdict conclusions agreed went reject claim privilege state law pointing privilege shielded fair accurate reports jury resolved issues petitioner appears concluded analysis petitioner legal claims statement immediately precedes paragraph set text careful examination consideration record discloses judgment trial correct affirmed appeal district justice powell justice stewart joins concurring clear majority adheres principles gertz robert welch evident variety views expressed perceptions differ proper application principles bizarre case order avoid appearance fragmentation basic principles involved join opinion add concurrence state reaction record presented review gertz held long impose liability without fault may define appropriate standard liability publisher broadcaster defamatory falsehood injurious private individual thus state may elect hold publisher lesser duty care first amendment constraint allowing recovery upon proof negligence applicability fault standard expressly limited circumstances substance defamatory statement makes substantial danger reputation apparent quoting curtis publishing butts requiring showing fault gertz sought shield press broadcast media rule strict liability lead intolerable time recognize legitimate state interest compensating private individuals wrongful injury defamatory falsehoods one paragraph near end opinion florida cited gertz concluding time guilty journalistic negligence opinion recognizes ante evident single paragraph type fault standard fact applied assuming florida apply negligence standard cases kind ultimate question whether time exercised due care circumstances time exercise reasonably prudent care state may constitutionally demand publisher broadcaster prior publication whose content reveals defamatory potential answer question depends upon careful consideration relevant evidence concerning time actions prior publication milestones article conclusory paragraph finding negligence florida mentioned provision florida law proscribed award alimony wife found guilty adultery arguing award alimony respondent clearly demonstrated divorce granted grounds recognition opinion ambiguity divorce decree discussion efforts made time verify accuracy news report weighing evidence determine whether actionable negligence time gertz standard substantial evidence much uncontradicted editors time exercised considerable care checking accuracy story prior publication milestones item appeared december issue time issue went press saturday december day circuit rendered decision afternoon evening time editorial staff new york received associated press dispatch stating russell firestone granted divorce third wife accused adultery extreme cruelty later evening time received new york daily news edition december carried special bulletin substantially effect ap dispatch morning december response inquiry sent miami bureau time new york office received dispatch head bureau quoting excerpts circuit opinion strongly suggested adultery part parties later day editorial staff received message time palm beach stringer read part technical grounds divorce according joseph farrish sic attorney mary alice firestone given extreme cruelty adultry sic app stringer dispatch also included several quotations circuit opinion trial senior editor testified although member new york editorial staff read circuit opinion believed stringer chief time miami bureau read opaqueness circuit decree also factor considered assessing whether time guilty actionable fault gertz standard although appears neither head miami bureau stringer personally read opinion order stringer testified trial respondent attorney farish others read portions decree telephone filed dispatch time record reveal whether limited portions decree shed light grounds granting divorce read stringer ambiguity divorce decree may well contributed stringer view hence time editorial staff conclusion ground divorce adultery respondent however one may characterize circuit decision hardly model clarity opening sentence follows cause came final hearing upon plaintiff wife second amended complaint separate maintenance alimony unconnected causes divorce defendant husband answer counterclaim divorce grounds extreme cruelty adultery wife answer thereto setting certain affirmative defenses app equities cause defendant defendant counterclaim divorce hereby granted bonds matrimony heretofore existed parties hereby forever dissolved app thus face opinion husband counterclaimed divorce grounds extreme cruelty adultery found equities granted counterclaim divorce apart awarding alimony wife indication either opinion accompanying order husband counterclaim granted grounds asserted may redundant reading either ground sufficed opinion preceded order full talk adultery made explicit reference type cruelty circumstances decision circuit may sufficiently ambiguous caused reasonably prudent newsmen read granting divorce ground adultery join opinion remanding case unnecessary decide whether foregoing establishes matter law time exercised requisite care circumstances undertaken identify evidence may relevant point conflicts arguably resolved time jury point writing emphasize background notorious divorce case see curtis publishing decree invited misunderstanding substantial evidence supportive time defense guilty actionable negligence least jury assessing liability case weighed factors evidence reaching judgment indication record us done accordance gertz state elected require proof gross negligence holding publisher broadcaster liable defamation gertz concluded retain substantial latitude efforts enforce legal remedy defamatory falsehood injurious reputation private individual amplification limitation referred type factual misstatement whose content warn reasonably prudent editor broadcaster defamatory potential absence assessment fault gertz standard florida fatal finding level judgment proceeding ante excerpts included according certain testimony behalf defendant husband extra marital escapades plaintiff wife bizarre amatory nature made freud hair curl testimony plaintiff behalf indicate defendant guilty bounding one bed partner another erotic zest satyr app based news items dispatches time editorial team consisting researcher writer senior editor charge milestones section magazine wrote edited checked article accuracy trial testified complete belief truth news item time publication several hours filing dispatch stringer spoke divorce judge telephone according testimony stringer trial divorce judge read portions decree none information inconsistent contained dispatch time otherwise alerted time new york office immediately time consider stringer employee worked time part time compensated hourly rate although guaranteed minimum amount work year case contacted chief miami bureau requested investigate firestone divorce decree thus question whether fault stringer personally reading entire opinion order even factor may considered assessing whether actionable fault time gertz cf cantrell forest city publishing first opinion remanding case district appeal referring general prominence firestones florida indicated marital difficulties equally well known charges countercharges meretriciousness flowing sides controversy made divorce action veritable cause celebre social circles across country district appeal similarly observed part due sensational colorful testimony divorce trial object national news coverage reports time received decree granted ground adultery therefore consistent trial revelations indeed agree view expressed justice marshall dissenting opinion unless exists basis finding fault given florida liability florida district appeal second appeal reversed judgment respondent applied new york times actual malice standard added nowhere proof time even negligent much less intentionally false reckless disregard truth problem infecting various decisions florida courts understandable uncertainty exactly standard applied case litigation several years gertz decided justice brennan dissenting view question presented case degree protection commanded first amendment free expression guarantee sought hold publisher liable state defamation laws erroneously reporting results public judicial proceeding series cases beginning new york times sullivan held laws libel defamation less legal modes restraint freedoms speech press subject constitutional scrutiny first amendment emphasized central meaning free expression guarantee body politic nation shall entitled communications necessary place restraints exercise expression deny instrumental means required order citizenry exercise ultimate sovereignty reposed collective judgment constitution accordingly held laws governing harm incurred individuals defamation invasion privacy although directed worthy objective ensuring essential dignity worth every human necessary civilized society rosenblatt baer stewart concurring must measured limited constitutional constraints assuring maintenance system free expression although calculated part expression protected central meaning first amendment garrison louisiana error misstatement recognized inevitable scheme truly free expression debate new york times supra therefore order avoid necessarily accompany strict simple fault liability erroneous statements rules governing liability injury reputation required allow adequate margin error protecting misstatements freedoms expression breathing space need survive ibid insure ascertainment publication truth public affairs essential first amendment protect erroneous publications well true ones amant thompson reason new york times held liability defamation public official may imposed absence proof actual malice part person making erroneous statement identical considerations led last term cox broadcasting cohn hold first amendment commands absolute privilege truthfully report contents public records reflecting subject matter judicial proceedings recognizing possibility injury legitimate privacy interests persons affected proceedings nevertheless constrained light strong first amendment values involved conclude liability whatever imposed state reports damaging concerns following reasoning new york times progeny cox broadcasting noted society individual limited time resources observe first hand operations government relies necessarily upon press bring convenient form facts operations great responsibility accordingly placed upon news media report fully accurately proceedings government official records documents open public basic data governmental operations without information provided press us many representatives unable vote intelligently register opinions administration government generally respect judicial proceedings particular function press serves guarantee fairness trials bring bear beneficial effects public scrutiny upon administration justice public records nature interest concerned administration government public benefit performed reporting true contents records media freedom press publish information appears us critical importance type government citizenry final judge proper conduct public business ii true course gertz robert welch cut back scope application new york times privilege evolved plurality opinion rosenbloom metromedia rosenbloom held new york times privilege applicable discussion communication involving matters public general concern without regard whether persons involved famous anonymous light perception altered balance conflicting values stake person defamed sense private individual gertz supra held first amendment interests adequately protected circumstances long defamation liability restricted requirement fault proof actual injury resulting claimed defamation however extension relaxed standard gertz news reporting events transpiring decisions arising public judicial proceedings unwarranted terms gertz contrary precedents importantly savages cherished values encased first amendment indication gertz intention overrule rosenbloom decision facts confined facts rosenbloom holds instances erroneous reporting public actions public officials new york times standard must met liability defamation may imposed favor persons affected actions although gertz clearly altered broader rationale rosenbloom decision today supposed rosenbloom remain law roughly extent brother white concurring statement therein defamation actions absent actual malice defined new york times sullivan first amendment gives press broadcast media privilege report comment upon official actions public servants full detail requirement reputation privacy individual involved affected official action spared public view trial public event transpires room public property see hear transpired report impunity special perquisite judiciary enables distinguished institutions democratic government suppress edit censor events transpire proceedings craig harney also less true areas government error reporting debate concerning judicial process inevitable indeed view complexities process unfamiliarity laymen report probability inadvertent error may substantially greater perhaps area news inaccurately reported factually whole though notable exceptions legal news part due carelessness great deal must attributed candor ignorance frequently newspapers conducted men laymen law rare exceptions capacity misunderstanding significance legal events procedures speak opinions great neither remarkable peculiar newsmen law lawyers best know full perplexities view facts standard require strict accuracy reporting legal events factually commenting upon press impossible one unless courts judges put criticism rule obtain must room misstatement fact well misjudgment press others function critical agencies democracy concerning courts instruments government pennekamp florida rutledge concurring see kalven new york times case note central meaning first amendment sup rev meiklejohn first amendment absolute sup rev see also bloustein first amendment privacy justice philosopher rutgers rev meiklejohn public speech since new york times sullivan syracuse rev protection test extends erroneous statements way might touch fitness office public official garrison louisiana candidate public office monitor patriot roy standard applied least among hierarchy government employees appear public substantial responsibility control conduct governmental affairs rosenblatt baer public figures intimately involved resolution important public questions reason fame shape events areas concern society large curtis publishing butts warren concurring result erroneous judgment liability view first amendment values stake serious concern erroneous judgment opposite direction rosenbloom metromedia held actual malice must demonstrated convincing clarity new york times standard requires showing erroneous statements made knowing reckless disregard falsity otherwise defined requiring showing statements made person fact entertaining serious doubts truth amant thompson case damage award premised entirely injury mental pain anguish claims injury reputation withdrawn prior trial evidence concerning damage reputation presented trial indeed appears petitioner affirmatively precluded offering evidence refute possible jury assumption regard pretrial order granting plaintiff motion limit testimony app seems clear allowing type recovery state subverted whatever protective influence actual injury stricture may possess gertz course allow award damages injury proof injury reputation allow damages without proof competent evidence actual injury nothing less return old rule presumed damages supposedly outlawed gertz instances new york times standard met see anderson libel press tex rev eaton american law defamation gertz robert welch beyond analytical primer rev result clearly invite gratuitous awards money damages far excess actual injury jury punishment unpopular opinion rather compensation individuals injury sustained publication false fact gertz supra furthermore allowance damages mental suffering alone completely abrogate use summary judgment procedures defamation litigation cf anderson supra use summary procedures may critical factor enabling publishers avoid large litigation expenses marginal frivolous defamation suits specter expenses may potent force threat ultimate damages award see generally ibid cf anderson supra concluding gertz opinion suggests category involuntary public figures roughly equivalent individual involved affected official action defined brother white rosenbloom cf rosenbloom metromedia supra white concurring discussion conduct public officials subjected artificial limitations designed protect others involved episode officials unfavorable publicity limitations deprive public full information official action took place craig also refutes contention private civil litigation somehow different respect early sympathetic observer nation political system commented judicial organization institution stranger greatest difficulty understanding hears authority judge invoked political occurrences every day naturally concludes judges important political functionaries nevertheless examines nature tribunals offer first glance nothing contrary usual habits privileges bodies magistrates seem interfere public affairs chance chance recurs every day scarcely political question arises resolved sooner later judicial question de tocqueville democracy america bradley ed even narrowly confine central meaning first amendment explicitly political speech recognize must extend speech concerned governmental behavior policy personnel whether governmental unit involved executive legislative judicial administrative bork neutral principles first amendment problems ind difficulties encountered laymen attempting report summarized form results judicial proceedings surely illustrated instant case respondent husband counterclaiming divorce alleged grounds extreme cruelty adultery fact reported subsequent judicial opinion opinion went state according certain testimony behalf defendant extra marital escapades plaintiff bizarre amatory nature made freud hair curl testimony plaintiff behalf indicate defendant guilty bounding one bedpartner another erotic zest satyr inclined discount much testimony unreliable nevertheless conclusion finding neither party domesticated within meaning term used florida case chesnut chesnut holding divorce rather separate maintenance granted said big trouble total incapacity part either domestication per cent successful marriage depends tact cushion bypass domestic frictions much better meeting head bearing scars leave bride groom devoid yen domestication marital bark puts sea jib pointed rocks think record reveals complete allergy give take essential successful marriage present case abundantly clear evidence marital discord neither parties shown least susceptibility domestication marriage dissolved premises considered thereupon ordered adjudged follows equities cause defendant defendant counterclaim divorce hereby granted bonds matrimony heretofore existed parties hereby forever dissolved app ursuant florida law effect time divorce judgment wife found guilty adultery awarded alimony since petitioner awarded alimony found guilty adultery divorce granted ground adultery careful examination final decree prior publication clearly demonstrated divorce granted grounds extreme cruelty judge frank opinion phenomenon cause appears roughly comparable frank courts trial atheneum ed justice white dissenting affirm judgment florida first amendment values furthered way application case fault standards newly drafted imposed gertz robert welch upon brother rehnquist relies fault standards required rosenbloom metromedia upon brother brennan relies event requisite fault properly found jury found ample evidence article published petitioner time respondent firestone false defamatory held one seriously disputes regardless fault constitutional value false statements fact belong category utterances slight social value worthy first amendment protection gertz robert welch supra quoting chaplinsky new hampshire decisions new york times sullivan gertz robert welch supra holding constitution requires finding degree fault precondition defamation award done one reason one reason alone unless innocent falsehood allowed defense true speech also deterred thus first amendment requires protect falsehood order protect speech matters gertz robert welch supra emphasis supplied true fact statements light decisions threshold question instant case whether requiring proof fault part time precondition recovery case thereby possibly interfering state desire compensate respondent firestone contribute way goal protecting speech matters think time defamatory publication case december law clearly authorized liability without fault defamation cases sort involved whatever chilling effect rule law publication speech matters might already occurred irremediable goal protecting speech matters announcing rules gertz robert welch supra rosenbloom metromedia supra requiring fault precondition defamation recovery circumstances involved fully achieved long fault required cases publication occurred dates decisions case therefore require proof fault case case predating gertz rosenbloom private figure defamed interfere state otherwise legitimate policy compensating defamation victims without furthering first amendment goals way areas developed rule designed achieve justice case designed induce socially desirable conduct group future declined apply rule fact situations predating announcement williams plurality opinion follow similar path event judgment affirmed brother rehnquist concludes negligence sufficient fault gertz justify judgment finding negligence may constitutionally supplied florida agree furthermore state referred gertz robert welch name noted convincing evidence negligence case pointed careful examination divorce decree clearly demonstrated divorce grounded adultery reported time stated flatly flagrant example journalistic negligence appears florida made sufficiently conscious determination ante fact negligence gertz controls case decision applied retroactively affirm judgment konigsberg state bar california times film chicago roth beauharnais illinois pennekamp florida chaplinsky new hampshire near minnesota ex rel olson majority concludes respondent firestone neither public official public figure new york times sullivan curtis publishing butts therefore case fall within exception announced statements defamation rules violate first amendment respect agree majority justice marshall dissenting agrees florida actual malice standard new york times sullivan apply case consider respondent mary alice firestone public figure within meaning prior decisions gertz robert welch curtis publishing butts respectfully dissent mary alice firestone person first brought public attention defamation subject lawsuit rosenbloom metromedia marshall dissenting contrary prominent among palm beach society active member sporting set whose activities predictably attracted attention sizable portion public indeed firestone appearances press evidently frequent enough warrant subscribing service firestone brought suit separate maintenance reason know likely public interest proceedings florida noted firestone marital difficulties lawsuit became veritable cause celebre social circles across country ibid trial related events attracted national news coverage elicited fewer articles miami herald articles palm beach post palm beach times far shunning publicity firestone held several press conferences course proceedings facts sufficient warrant conclusion mary alice firestone public figure purposes reports judicial proceedings initiated gertz robert welch supra noted individual public figure purposes private figure others found two distinguishing features public figures private figures first recognized public figures less need judicial protection greater ability resort public figures usually enjoy significantly greater access channels effective communication hence realistic opportunity counteract false statements private individuals normally enjoy recital facts makes clear firestone hardly position suggest lacked access media purposes relating lawsuit may well greater difficulty countering alleged falsehoods national press miami palm beach papers covered proceedings thoroughly presumably audience firestone interested reaching reached local media event difficulty reaching may read alleged falsehood surely preclude finding firestone public figure gertz gertz set absolute requirement individual able fully counter falsehoods order public figure viewed availability remedy relative matter gertz set forth minor consideration determining whether individual public figure second important consideration gertz normative notion public figures less deserving protection private figures although may possible someone become public figure purposeful action generally classed public figures thrust forefront particular public controversies thereby invite attention comment even communications media entitled act assumption public figures voluntarily exposed increased risk injury defamatory falsehood concerning must assume choice firestone became active member sporting set social group especial prominence affairs society whose lives receive constant media attention certainly nothing record indicate otherwise firestone subscription service suggests altogether uninterested publicity received placed position activities interest significant segment public firestone chose initiate lawsuit separate maintenance significantly held several press conferences course lawsuit actions reason fail establish certainly firestone voluntarily exposed increased risk injury defamatory falsehood surely sufficient entitle press act assumption accordingly firestone appear public figure gertz resists result concluding subject matter alleged defamation public controversy term used gertz part conclusion rests view understatement degree firestone said voluntarily acted manner invited public attention fundamentally conclusion rests reading gertz differs mine meaning attributes term public controversy used gertz resurrects precise difficulties thought gertz designed avoid enough firestone acquired prominence within segment society lawsuit already attracted significant public attention comment time report published according controversy already interest public sort public controversy referred gertz ante explanation discern opinion controversy sort deemed relevant affairs society ante public interest sort deemed legitimate worthy judicial recognition one thing clear gertz explicitly rejected position plurality rosenbloom metromedia applicability new york times standard depends upon whether subject matter report matter public general concern explained gertz test advanced rosenbloom plurality occasion difficulty forcing state federal judges decide ad hoc basis publications address issues general public interest determine words justice marshall information relevant rosenbloom metromedia doubt wisdom committing task conscience judges gertz meaning focus analysis must actions individual degree public attention already developed anticipated report question approach class public figures must include individual like firestone acquired social prominence expected attract public attention initiated lawsuit predictably attracted public attention held press conferences course regard lawsuit hold purposes case firestone public figure must demonstrate report question published actual malice knowledge false reckless disregard whether false ii foregoing discussion sufficient dispose case reading law two aspects opinion warrant comment first appears reject contention rational interpretation ambiguous document always entitled constitutional protection reads time pape providing protection rubric new york times actual malice standard ante disagree precise holding pape choice one several rational interpretations ambiguous document enough create jury issue actual malice reasoning suggests holding confined introducing discussion noted vast amount published daily periodical press purports descriptive somebody said rather anybody indeed perhaps largest share news concerning doings government appears form accounts reports speeches press conferences like question truth indirect newspaper report presents rather complicated problems emphasis original document reported ambiguous one hard imagine test truth put publisher virtually mercy unguided discretion jury finally assuming correct assessment law case find disposition baffling quotes portion florida opinion citing gertz uncertain terms time report flagrant example journalistic negligence unwilling read statement conscious determination fault accordingly remands case assessment fault surely suggesting quoted portion florida opinion contained citation gertz meaning meaning must reflected either intention find fault intention affirm finding fault quite clear opinion intended affirm finding fault observes finding fault affirm question fault submitted jury district appeal explicitly noted absence proof time negligent absence prior finding fault reinforces florida language makes clear simply affirming finding fault making finding first instance therefore agree brother white florida made conscious determination fault add however determination wholly unsupportable sole basis determination fault florida law wife found guilty adultery firestone awarded alimony time reasoned realized divorce decree containing award alimony consistent florida law based adultery reasoning assumes judicial decisions always squared prior state law need remained courts occasionally err assessment law need refer subsequent history divorce decree involved case divorce case reached florida found divorce granted lack domestication pointed one statutory grounds divorce firestone firestone time responsibility report accurately trial done trial awarded alimony basing divorce finding adultery wife time faulted reporting fact unless basis finding fault given florida think clear liability florida explanation new york times standard inapplicable equally inconsistent gertz referring firestone prominence palm beach society widespread attention lawsuit received granting interviews news media reasoned follows public curious titillated intrigued scandal firestone divorce beyond doubt emphasize distinction make genre public interest real public general concern find aspect real public concern none shown us furthered enhanced free discussion robust debate divorce russell mary alice firestone firestone quoted interviews press raise untidy affair dignity true public concern unlike actress might grant interviews relating opening new play firestone seeking public patronage publicity sympathy perhaps patronage irrespective subjective motives objectively merely satiating appetites curious press sum firestone divorce action unquestionably reports thereof constitutionally protected matters real public general concern places heavy emphasis degree firestone attempted influence resolution particular controversy response observation firestone held press conferences example notes conferences intended influence outcome trial controversy ante gertz course refer fact persons often become public figures attempting influence resolution public questions reference must viewed example one becomes public figure surely gertz intend establish requirement individual attempt influence resolution particular controversy termed public figure rule athletic director butts curtis publishing butts public figure held butts public figure gertz specifically noted decision correct