Rosenblatt v. Baer
Rosenblatt v. Baer, 383 U.S. 75 (1966), was a United States Supreme Court case regarding the First Amendment to the United States Constitution.
| Rosenblatt v. Baer | |
|---|---|
 | |
| Argued October 20, 1965 Decided February 21, 1966 | |
| Full case name | Rosenblatt v. Baer |
| Citations | 383 U.S. 75 (more) 86 S. Ct. 669; 15 L. Ed. 2d 597; 1966 U.S. LEXIS 2847 |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Warren, White; Harlan (except part II); Douglas (part II) |
| Concurrence | Clark |
| Concurrence | Douglas |
| Concurrence | Stewart |
| Concur/dissent | Black, joined by Douglas |
| Concur/dissent | Harlan |
| Dissent | Fortas |
Baer, a supervisor of a county recreation area, brought a civil libel claim in New Hampshire state court against the petitioner Rosenblatt. The recreation area had been used primarily as a ski resort. The column in question had criticized the fiscal management of the area by Baer, stating "What happened to all the money last year? and every other year?" Between the trial and an appeal brought by petitioner, the Court had decided New York Times Co. v. Sullivan, in which they held that a State cannot award damages to a public official for a defamatory falsehood relating to official conduct unless the official can show actual malice. The New Hampshire Supreme Court had affirmed the award in the original case.
Opinion of the Court
In an 8-1 decision, the Court reversed the decision of the New Hampshire Supreme Court. It argued that there was a probability that Baer was a public official and therefore would be required to show actual malice in the depictions presented by the newspaper. It was left to the trial judge to decide whether Baer qualified as a public figure.
See also
External links
- Text of Rosenblatt v. Baer, 383 U.S. 75 (1966) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
- ACLU summary of the case