Business Law in 1960 an Advertisement Was Essay

Business Law

In 1960 an advertisement was run by the New York Times that was paid for by civil rights activists. The ad criticized the department of the police openly in the city of Montgomery for how it treated protestors of civil rights. The descriptions in the advertisement were mostly accurate but there were some false statements. L.B Sullivan the police commissioner was offended and sued New York Times in Alabama court. Even though Sullivan's name was not mentioned in the article he still went ahead to sue the newspaper. The argument held by Sullivan was that the advertisement had ruined his reputation and libeling him at the same time. He demanded that the retraction of the paper (Hall, & Urofsky, 2011).

The issue in this case was freedom of press that is whether the first amendment has limits to the power of the state to give libel damages that have been brought up by public officials against those who criticize the official duties of the press.The court ruled in favor of Sullivan as it found that the news paper had represented Sullivan and the police department falsely. The New York Times lost its appeal in the Supreme court of Alabama and went ahead to take its case to the supreme court in the United States. They argued that the advertisement was not intended to spoil Sullivan's reputation and that it was protected under the first amendment.

The ruling of the United States supreme curt was unanimously in favor of the New York Times .the court stated that the right of publishing all statements is under the protection of the first amendment. The court also stated that so as to prove libel, a public office must be bale to show that what was said against them was done maliciously that is, "with knowledge that it was false or with reckless regard to the truth" ( Hall, & Urofsky, 2011).The legal principles in this case are that Americans have the privilege….....