ROSENBLATT V. BAER 383 U.S. 75 (1966) CASE BRIEF

ROSENBLATT V. BAER
383 U.S. 75 (1966)
NATURE OF THE CASE: Rosenblatt (D) appealed a judgment from the New Hampshire Supreme Court, which affirmed an award of damages to Baer (P), county building supervisor in a civil libel action.
FACTS: A jury in New Hampshire Superior Court awarded P damages in this civil libel action based on one of D's columns in the Laconia Evening Citizen. P alleged that the column contained defamatory falsehoods concerning his performance as Supervisor of the Belknap County Recreation Area, a facility owned and operated by Belknap County. D appealed. Between the trial and the decision of D's appeal by the New Hampshire Supreme Court, the Supreme Court decided New York Times Co. v. Sullivan. The Supreme Court held that a State cannot award damages to a public official for defamatory falsehood relating to his official conduct unless the official proves actual malice -- that the falsehood was published with knowledge of its falsity or with reckless disregard of whether it was true or false. The New Hampshire Supreme Court affirmed. D appealed.

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