CHAPTER FouR • CiviL LibERTiEs 79
Libel
A written defamation
of a person’s character,
reputation, business,
or property rights. The
defamatory statement
must be observed by a
third party.
Actual Malice
Either knowledge of a
defamatory statement’s
falsity or a reckless
disregard for the truth.
Public Figure
A public official, movie
star, or other person
known to the public
because of his or her
positions or activities.datory student activity fees—which helped to fund liberal causes with which they dis-
agreed, including gay rights—violated their First Amendment rights of free speech, free
association, and free exercise of religion.
To the surprise of many, the Supreme Court rejected the students’ claim and ruled
in favor of the university. The Court stated that “the university may determine that its
mission is well served if students have the means to engage in dynamic discussions of
philosophical, religious, scientific, social, and political subjects in their extracurricular life.
If the university reaches this conclusion, it is entitled to impose a mandatory fee to sustain
an open dialogue to these ends.”^27Campus speech and behavior Codes. Another free speech issue is the legitimacy of
campus speech and behavior codes at some state universities. These codes prohibit so-
called hate speech—abusive speech attacking persons on the basis of their ethnicity, race,
or other criteria. For example, a University of Michigan code banned “any behavior, verbal
or physical, that stigmatizes or victimizes an individual on the basis of race, ethnicity,
religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handi-
cap,” or Vietnam-veteran status. A federal court found that the code violated students’
First Amendment rights.^28 Although the courts generally have held that campus speech
codes are unconstitutional restrictions on the right to free speech, such codes continue
to exist.Freedom of the Press
Freedom of the press can be regarded as a special instance of freedom of speech. Of
course, at the time of the framing of the Constitution, the press meant only news papers,
pamphlets, magazines, and books. As technology has modified the ways in which we
disseminate information, the laws touching on freedom of the press have been modified.
What can and cannot be printed still occupies an important place in constitutional law,
however.defamation in Writing. Libel is defamation in writing or in pictures, signs, films, or
any other communication. As with slander, libel occurs only if the defamatory statements
are observed by a third party. If Jane Smith writes a private letter to John Jones wrongfully
accusing him of embezzling funds, that does not constitute libel.
The case of New York Times Co. v. Sullivan^29 (1964) explored an important ques-
tion regarding libelous statements made about public officials. The Supreme Court held
that only when a statement against a public official is made with actual malice—that is,
with either knowledge of its falsity or a reckless disregard for the truth—can damages be
obtained.
The standard set by the Court in the New York Times case has since been applied
to public figures generally. Public figures include not only public officials but also any
persons, such as movie stars, who are generally in the public limelight. Statements made
about public figures usually are related to matters of general public interest. They are
made about people who substantially affect all of us. Furthermore, public figures generally
have some access to a public medium for answering disparaging falsehoods about them-
selves, whereas private individuals do not. For these reasons, public figures have a greater
burden of proof in defamation cases than do private individuals.- Board of Regents of the University of Wisconsin System v. Southworth, 529 U.S. 217 (2000).
- Doe v. University of Michigan, 721 F.Supp. 852 (1989).
- 376 U.S. 254 (1964).
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