ABSTRACT

In New York Times Co. v. Sullivan, 376 US 254, the US Supreme Court first articulated how the rights of free speech and press as protected by the First Amendment to the Constitution are applied to the issue of libel. In distinguishing the civil rights ad from "purely commercial advertising," the Court focused on the fact that the content of the ad conveyed a noncommercial message rather than on the fact that the newspaper had been paid to publish it. As for the central issue, the Court decided Alabama's libel law impermissibly restricted rights of free speech and free press. The Court set a new standard in order for libel laws not to run afoul of the First Amendment when applied to "public officials." The Supreme Court's opinion in New York Times made clear the high value of the free exchange of ideas in American society.