Greenbelt Cooperative Publishing Assn., Inc. v. Bresler

398 U.S. 6, 90 S. Ct. 1537, 26 L. Ed. 2d 6, 1970 U.S. LEXIS 42, 1 Media L. Rep. (BNA) 1589
CourtSupreme Court of the United States
DecidedMay 18, 1970
Docket413
StatusPublished
Cited by790 cases

This text of 398 U.S. 6 (Greenbelt Cooperative Publishing Assn., Inc. v. Bresler) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenbelt Cooperative Publishing Assn., Inc. v. Bresler, 398 U.S. 6, 90 S. Ct. 1537, 26 L. Ed. 2d 6, 1970 U.S. LEXIS 42, 1 Media L. Rep. (BNA) 1589 (1970).

Opinions

Mr. Justice Stewart

delivered the opinion of the Court.

The petitioners are the publishers of a small weekly-newspaper, the Greenbelt News Review, in the city of Greenbelt, Maryland. The respondent Bresler is a prominent local real estate developer and builder in Greenbelt, and was, during the period in question, a member of the Maryland House of Delegates from a neighboring district. In the autumn of 1965 Bresler was engaged in negotiations with the Greenbelt City Council to obtain certain zoning variances that would allow the construction of high-density housing on land owned by him. At the same time the city was attempting to acquire another tract of land owned by Bresler for the construction of a new high school. Extensive litigation concerning compensation for the school site seemed imminent, unless there should be an agreement on its price between Bresler and the city authorities, and the concurrent negotiations obviously provided both parties considerable bargaining leverage.

These joint negotiations evoked substantial local controversy, and several tumultuous city council meetings were held at which many members of the community freely expressed their views. The meetings were reported at length in the news columns of the Greenbelt News Review. Two news articles in consecutive weekly editions of the paper stated that at the public meetings some people had characterized Bresler’s negotiating position as '’’blackmail.” The word appeared several times, [8]*8both with and without quotation marks, and was used once as a subheading within a news story.1

Bresler reacted to these news articles by filing the present lawsuit for libel, seeking both compensatory and punitive damages. The primary thrust of his complaint was that the articles, individually and along with other items published in the petitioners’ newspaper, imputed to him the crime of blackmail. The case went to trial, and the jury awarded Bresler $5,000 in compensatory damages and $12,500 in punitive damages. The Maryland Court of Appeals affirmed the judgment. 253 Md. 324, 252 A. 2d 755. We granted certiorari to consider the constitutional issues presented. 396 U. S. 874.

In New York Times Co. v. Sullivan, 376 U. S. 254, we held that the Constitution permits a “public official” to recover money damages for libel only if he can show that the defamatory publication was not only false but was uttered with “ ‘actual malice’ — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” Id., at 280. In Curtis Publishing Co. v. Butts, 388 U. S. 130, we dealt with the constitutional restrictions upon a libel suit brought by a “public figure.”

In the present case Bresler’s counsel conceded in his opening statement to the jury that Bresler was a public figure in the community. This concession was clearly correct. Bresler was deeply involved in the future development of the city of Greenbelt. He had entered into agreements with the city for zoning variances in the past, and was again seeking such favors to permit the construction of housing units of a type not contemplated in the original city plan. At the same time the city was trying to obtain a tract of land owned by-Bresler for the purpose [9]*9of building a school. Negotiations of significant public concern were in progress, both with school officials and the city council. Bresler’s status thus clearly fell within even the most restrictive definition of a “public figure.” Curtis Publishing Co. v. Butts, supra, at 154-155 (opinion of Hablan, J.). See also Pauling v. Globe-Democrat Publishing Co., 362 F. 2d 188, 195-196, cert. denied, 388 U. S. 909.

Whether as a state legislator representing another county, or for some other reason, Bresler was a “public official” within the meaning of the New York Times rule is a question we need not determine. Cf. Time, Inc. v. Hill, 385 U. S. 374, 390; Rosenblatt v. Baer, 383 U. S. 75, 86 n. 12. For the instructions to the jury in this case permitted a finding of liability under an impermissible constitutional standard, whichever status Bresler might be considered to occupy. In his charge to the members of the jury, the trial judge repeatedly instructed them that Bresler could recover if the petitioners’ publications had been made with malice or with a reckless disregard of whether they were true or false. This instruction was given in one form or another half a dozen times during the course of the judge’s charge.2 [10]*10The judge then defined “malice” to include “spite, hostility or deliberate intention to harm.” Moreover, he instructed the jury that “malice” could be found from the “language” of the publication itself.3 Thus the jury was permitted to find liability merely on the basis of a combination of falsehood and general hostility.

This was error of constitutional magnitude, as our decisions have made clear. “This definition of malice is constitutionally insufficient where discussion of public affairs is concerned; ‘[w]e held in New York Times that a public official might be allowed the civil remedy only if he establishes that the utterance was false and that it was made with knowledge of its falsity or in reckless disregard of whether it was false or true.’ ” Rosenblatt v. Baer, supra, at 84. “[E]ven where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any except the knowing or reckless falsehood. Debate on public issues will not be uninhibited if the speaker must run the risk that it [11]*11will be proved in court that he spoke out of hatred . . . .” Garrison v. Louisiana, 379 U. S. 64, 73. See also Beckley Newspapers Corp. v. Hanks, 389 U. S. 81, 82. And the constitutional prohibition in this respect is no different whether the plaintiff be considered a “public official” or a “public figure.” Curtis Publishing Co. v. Butts, supra.

The erroneous instructions to the jury would, therefore, alone be enough to require the reversal of the judgment before us. For when “it is impossible to know, in view of the general verdict returned” whether the jury imposed liability on a permissible or an impermissible ground, “the judgment must be reversed and the case remanded.” New York Times Co. v. Sullivan, supra, at 284. See Time, Inc. v. Hill, supra, at 394-397; Rosenblatt v. Baer, supra, at 82; Stromberg v. California, 283 U. S. 359, 367-368.

This, however, does not end the inquiry. As we noted in New York Times,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Irish v. Hall
416 P.3d 975 (Idaho Supreme Court, 2018)
Sign Here v. Chavez
Court of Appeals of Arizona, 2017
Bryant v. Cox Enterprises, Inc.
715 S.E.2d 458 (Court of Appeals of Georgia, 2011)
Ward v. JETT PROPERTIES, LLC
690 S.E.2d 767 (Court of Appeals of North Carolina, 2010)
Mink v. Knox
566 F. Supp. 2d 1217 (D. Colorado, 2008)
Fortson v. Colangelo
434 F. Supp. 2d 1369 (S.D. Florida, 2006)
Franklin v. Dynamic Details, Inc.
10 Cal. Rptr. 3d 429 (California Court of Appeal, 2004)
Crowe v. County of San Diego
303 F. Supp. 2d 1050 (S.D. California, 2004)
Finebaum v. Coulter
854 So. 2d 1120 (Supreme Court of Alabama, 2003)
Bennett v. City of Holyoke
230 F. Supp. 2d 207 (D. Massachusetts, 2002)
Rosenaur v. Scherer
105 Cal. Rptr. 2d 674 (California Court of Appeal, 2001)
Guilford Transportation Industries, Inc. v. Wilner
760 A.2d 580 (District of Columbia Court of Appeals, 2000)
Kaminske v. Wisconsin Central Ltd.
102 F. Supp. 2d 1066 (E.D. Wisconsin, 2000)
Ferlauto v. Hamsher
88 Cal. Rptr. 2d 843 (California Court of Appeal, 1999)
Independent Living Aids, Inc. v. Maxi-Aids, Inc.
981 F. Supp. 124 (E.D. New York, 1997)
Novecon, Ltd. v. Bulgarian-American Enterprise Fund
977 F. Supp. 45 (District of Columbia, 1997)
Colodny v. Iverson, Yoakum, Papiano & Hatch
936 F. Supp. 917 (M.D. Florida, 1996)
Faltas v. State Newspaper
928 F. Supp. 637 (D. South Carolina, 1996)
Levin v. McPhee
917 F. Supp. 230 (S.D. New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
398 U.S. 6, 90 S. Ct. 1537, 26 L. Ed. 2d 6, 1970 U.S. LEXIS 42, 1 Media L. Rep. (BNA) 1589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenbelt-cooperative-publishing-assn-inc-v-bresler-scotus-1970.