Gavin Howe
In the United States, libel laws are determined at the state level, and there is no federal law on libel. While the First Amendment protects freedom of speech and the press, it also imposes some restrictions on the right of certain individuals to succeed in a libel suit. Libel laws in the US can be traced back to English common law, and while the Supreme Court has ruled multiple times that the First Amendment sets a high bar for any laws that might infringe on the freedom of speech and the press, it has also noted that criminal libel law was not abolished by the First Amendment. In 1964, the New York Times Co. v. Sullivan case changed the nature of libel law in the US by establishing that public officials could only win a libel suit if they could prove that the information was wholly false or published with reckless disregard for its truth. Despite President Trump's threats to change the country's libel laws, experts say there is little he can do due to the federalist system and the First Amendment.
| Characteristics | Values |
|---|---|
| Libel laws in the US | Vary across states |
| Federal-level criminal defamation laws | Do not exist |
| Number of states with criminal defamation/libel/slander laws | 23 |
| Number of territories with criminal defamation/libel/slander laws | 2 |
| Number of states with defamation/libel as a criminal offense through case law | 1 |
| Number of states with defamation/libel mentioned in the Constitution | 1 |
| Number of states with general criminal defamation laws | 14 |
| First Amendment protection | Freedom of speech and the press |
| Public officials winning a libel suit | Must prove malice |
| Landmark Supreme Court ruling | New York Times v. Sullivan (1964) |
| Ruling impact | Wide latitude for publishers and speakers, protection against defamation falsehoods |
| President attempting to change libel laws | Donald Trump |
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What You'll Learn
- Libel laws in the US are based on state laws, not federal law
- The First Amendment protects freedom of the press
- The Supreme Court has ruled that public officials face a high bar for winning libel suits
- The 1964 New York Times v. Sullivan case changed the nature of libel law in the US
- Trump has repeatedly threatened to change federal libel laws
Libel laws in the US are based on state laws, not federal law
The 1964 case New York Times Co. v. Sullivan changed the nature of libel law in the US by establishing that public officials could only win a libel suit if they could prove that the media outlet in question knew the information was wholly false or that it was published with reckless disregard for the truth. This ruling set a precedent that the First Amendment raises a high bar for any laws that might infringe on the freedoms of speech and the press.
Despite this ruling, some states still have criminal libel laws on the books, although these are old laws that are rarely prosecuted. In 2023, the Supreme Court declined to hear a First Amendment challenge to New Hampshire's criminal libel law, which allows public officials to criminally prosecute their critics. However, the Supreme Court has imposed significant restrictions on criminal defamation laws, and several justices have signaled that criminal defamation should be abolished entirely.
In recent years, there have been attempts by the Trump administration to change federal libel laws, despite the fact that these laws do not exist. Trump's efforts have been criticized as attempts to suppress speech and intimidate the press.
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The First Amendment protects freedom of the press
The First Amendment of the U.S. Constitution was designed to protect freedom of the press. This freedom protects the right to gather information and report it to others. While the free press clause initially addressed newspapers, it now applies to all forms of newsgathering and reporting, independent of the medium. Television, radio, and online journalists are protected, even though they don't use printing presses.
The nation's founders believed a free press to be one of the basic freedoms necessary for a new, democratic society. They acknowledged this belief in state charters, constitutions, and ultimately in a set of amendments to the U.S. Constitution, guaranteeing certain rights of citizens and states.
The First Amendment has been interpreted by the Supreme Court to set a high bar for any laws that might infringe on the freedoms of speech and the press. This bar is even higher for libel suits brought by public officials because of the power they wield in society. For a public official to win a libel suit, they must show that the defendant published a false and defamatory statement and did so maliciously.
The 1964 case New York Times v. Sullivan established that public officials could only win a libel suit if they could prove the media outlet in question knew the information was wholly and patently false or that it was published with reckless disregard for whether it was false or not. This ruling was a watershed moment for freedom of speech and the press, as it gave publishers and speakers wide latitude in discussing public figures.
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The Supreme Court has ruled that public officials face a high bar for winning libel suits
Libel laws in the United States are based on state laws, which neither the president nor Congress has control over. There are no federal criminal defamation or insult laws in the country. However, 23 states and two territories have criminal defamation/libel/slander laws, with one state establishing defamation/libel as a criminal offense through case law.
The "actual malice" standard means that a speaker must have had knowledge or reckless disregard for whether the statement was false for a public official or public figure to win a libel lawsuit. This standard reflects a "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open". It also acknowledges that "erroneous statements are inevitable in free debate" and that there must be "breathing space" for people to talk about and criticize public figures.
The Supreme Court has also ruled that criminal libel laws in some states violate the First Amendment by limiting too much speech, as in the cases of Louisiana in 1962 and Kentucky in 1966.
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The 1964 New York Times v. Sullivan case changed the nature of libel law in the US
Libel laws in the US are based on traditional "Common Law" defamation inherited from the English legal system. While the First Amendment of the US Constitution protects freedom of the press, the Supreme Court has historically failed to use it to rule on libel cases. This has left the laws mixed across the states.
The 1964 New York Times Co. v. Sullivan case changed the nature of libel law in the US. It established that public officials could only win a libel suit if they could prove the media outlet in question knew the information was entirely false or that it was published with reckless disregard for the truth.
The case was filed by L.B. Sullivan, an elected city commissioner in Montgomery, Alabama, who sued the New York Times over a full-page advertisement by supporters of Dr. Martin Luther King, Jr. The advertisement praised Dr. King's leadership and criticised various southern officials for violating the rights of African Americans. It contained several inaccuracies, including the number of times Dr. King had been arrested in Alabama. Under Alabama law, Sullivan only needed to prove that mistakes had been made and that they had likely harmed his reputation. A jury awarded him $500,000 in damages, but the Supreme Court unanimously reversed and dismissed the award.
The Supreme Court's ruling established the principle of "de novo" review for free speech cases, meaning that the court will determine for itself how legal principles apply to the case at hand. The ruling also transformed the field of libel law from one governed by state laws to one shaped by the First Amendment. This meant that public officials had to meet a higher standard for libel judgments and show that the publisher acted with knowledge that something was false.
The New York Times v. Sullivan case is considered a landmark decision and a watershed moment for freedom of speech and the press. It provided new protections for publishers and speakers against libel suits brought by government officials. It also affirmed the nation's commitment to uninhibited, robust, and open debate on public issues.
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Trump has repeatedly threatened to change federal libel laws
Former President Donald Trump has repeatedly threatened to change federal libel laws. Libel laws in the United States are determined by individual states, and there is no overarching federal law. Trump's threats to change these laws came in response to publications that questioned his fitness for office and his policies.
In 2016, Trump promised his supporters in Fort Worth, Texas, that if he were elected president, he would open up our libel laws so that he could sue and win money from news outlets that wrote negative and false articles. Trump has attempted to sue news organizations for libel, but has not been successful.
Trump has also threatened publishers before the release of books that he believed would portray him in a negative light. In one instance, Trump's private attorneys sent a letter to the publisher of "Fire and Fury: Inside the Trump White House," warning of libel liability if the book were released. Despite these threats, the book was published.
Trump's disdain for libel laws also stems from his belief that they are a "sham and a disgrace" and do not align with American values and fairness. He has criticized the press for writing "fake news" and has called for opening up libel laws to make it easier to sue news outlets.
However, Trump's efforts to change federal libel laws faced significant obstacles. The First Amendment strongly protects freedom of the press, and any laws infringing on this freedom would face a high bar, as ruled by the Supreme Court. Additionally, the lack of a single federal libel law and the state-level nature of these laws made it challenging for Trump to implement sweeping changes.
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Frequently asked questions
No, the feds cannot change libel laws as there is no federal libel law. Libel cases are based on state laws, which neither the president nor Congress has control over.
The origins of the United States' defamation laws predate the American Revolution. Libel law, as applied in America, can be traced back to the English Star Chamber during the reign of King Henry VIII.
The First Amendment imposes some restrictions on libel laws. It protects freedom of speech and the press, making it difficult for public officials to win libel suits.
No, in no state can a defamation claim be successfully maintained if the allegedly defamed person is deceased.
