CURTIS PUBLISHING CO. V. BUTTS
388 U.S. 130 (1967)
NATURE OF THE CASE: This was a combined review of two cases. The first was to review a
federal court judgment awarding compensatory and punitive damages in a defamation action
involving a public figure but not a public official and a Texas judgment awarding
compensatory damages in its defamation action.
FACTS: The Saturday Evening Post (D) printed an article accusing Butts (P), the coach of
the University of Georgia football team, of conspiring to fix a 1962 Georgia-Alabama game by
giving Paul Bryant, the Alabama coach, crucial information about Georgia's offensive
strategy. The article revealed that George Burnett, an Atlanta insurance salesman had
because of electronic error, overheard a phone conversation between the two coaches. P
denied the charges and sued D. Expert witnesses supported P's contention from analysis of
the actual game and from notes prepared by P relating to the conversation. The evidence also
tended to show that D had departed greatly from the standards of good investigation and
reporting. The jury was instructed that the truth was a defense only if the libelous
statements were substantially true. The jury returned for verdict for P that was reduced on
remittitur. The Supreme Court then handed down the Sullivan decision and D moved for a new
trial. The trial court denied that because P was not a public official and there was ample
evidence that the jury could have concluded that the statements were published with reckless
disregard for the truth. The appeals court affirmed. The Supreme Court granted certiorari.
Another action by Associated Press v. Walker was also heard accusing Walker of leading a
charge against federal marshals sent to allow a Negro to enroll as a student. Walker
admitted his presence on the campus but claimed the exact opposite; that he had counseled
restraint from the students and did not charge the federal marshals. There was evidence of
negligence. P got the verdict and both sides appealed. The trial court refused to enter the
award for punitive damages; there was only evidence of negligence and not malice.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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