Philadelphia Newspapers, Inc. v. Hepps

475 U.S. 767, 106 S. Ct. 1558, 89 L. Ed. 2d 783, 1986 U.S. LEXIS 97, 12 Media L. Rep. (BNA) 1977, 54 U.S.L.W. 4373
CourtSupreme Court of the United States
DecidedApril 21, 1986
Docket84-1491
StatusPublished
Cited by854 cases

This text of 475 U.S. 767 (Philadelphia Newspapers, Inc. v. Hepps) 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
Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S. Ct. 1558, 89 L. Ed. 2d 783, 1986 U.S. LEXIS 97, 12 Media L. Rep. (BNA) 1977, 54 U.S.L.W. 4373 (1986).

Opinions

Justice O’Connor

delivered the opinion of the Court.

This case requires us once more to “struggle]... to define the proper accommodation between the law of defamation and the freedoms of speech and press protected by the First Amendment.” Gertz v. Robert Welch, Inc., 418 U. S. 323, 325 (1974). In Gertz, the Court held that a private figure who brings a suit for defamation cannot recover without some showing that the media defendant was at fault in publishing the statements at issue. Id., at 347. Here, we hold that, at least where a newspaper publishes speech of public [769]*769concern, a private-figure plaintiff cannot recover damages without also showing that the statements at issue are false.

I

Maurice S. Hepps is the principal stockholder of General Programming, Inc. (GPI), a corporation that franchises a chain of stores&emdash;known at the relevant time as “Thrifty” stores&emdash;selling beer, soft drinks, and snacks. Mr. Hepps, GPI, and a number of its franchisees are the appellees here.1 Appellant Philadelphia Newspapers, Inc., owns the Philadelphia Inquirer (Inquirer). The Inquirer published a series of articles, authored by appellants William Ecenbarger and William Lambert, containing the statements at issue here. The general theme of the five articles, which appeared in the Inquirer between May 1975 and May 1976, was that appellees had links to organized crime and used some of those links to influence the State’s governmental processes, both legislative and administrative. The articles discussed a state legislator, described as “a Pittsburgh Democrat and convicted felon,” App. A60, whose actions displayed “a clear pattern of interference in state government by [the legislator] on behalf of Hepps and Thrifty,” id., at A62-A63. The stories reported that federal “investigators have found connections between Thrifty and underworld figures,” id., at A65; that “the Thrifty Beverage beer chain . . . had connections . . . with organized crime,” id., at A80; and that Thrifty had “won a series of competitive advantages through rulings by the State Liquor Control Board,” id., at A65. A grand jury was said to be investigating the “alleged relationship between the Thrifty chain and known Mafia figures,” and “[w]hether the chain received special treatment from the [state Governor’s] administration and the Liquor Control Board.” Id., at A68.

[770]*770Appellees brought suit for defamation against appellants in a Pennsylvania state court. Consistent with Gertz, supra, Pennsylvania requires a private figure who brings a suit for defamation to bear the burden of proving negligence or malice by the defendant in publishing the statements at issue. 42 Pa. Cons. Stat. § 8344 (1982). As to falsity, Pennsylvania follows the common law’s presumption that an individual’s reputation is a good one. Statements defaming that person are therefore presumptively false, although a publisher who bears the burden of proving the truth of the statements has an absolute defense. See 506 Pa. 304, 313-314, 485 A. 2d 374, 379 (1984). See also 42 Pa. Cons. Stat. § 8343(b)(1) (1982) (defendant has the burden of proving the truth of a defamatory statement). Cf. Gertz, supra, at 349 (common law presumes injury to reputation from publication of defamatory statements). See generally Eaton, The American Law of Defamation Through Gertz v. Robert Welch, Inc., and Beyond: An Analytical Primer, 61 Va. L. Rev. 1349, 1352-1357 (1975) (describing common-law scheme of defamation law).

The parties first raised the issue of burden of proof as to falsity before trial, but the trial court reserved its ruling on the matter. Appellee Hepps testified at length that the statements at issue were false, Tr. 2221-2290, and he extensively cross-examined the author of the stories as to the veracity of the statements at issue. After all the evidence had been presented by both sides, the trial court concluded that Pennsylvania’s statute giving the defendant the burden of proving the truth of the statements violated the Federal Constitution. Id., at 3589. The trial court therefore instructed the jury that the plaintiffs bore the burden of proving falsity. Id., at 3848.

During the trial, appellants took advantage of Pennsylvania’s “shield law” on a number of occasions. That law allows employees of the media to refuse to divulge their sources. See 42 Pa. Cons. Stat. § 5942(a) (1982) (“No person . . . employed by any newspaper of general circulation ... or any [771]*771radio or television station, or any magazine of general circulation, . . . shall be required to disclose the source of any information procured or obtained by such person, in any legal proceeding, trial or investigation before any government unit”). See also 506 Pa., at 327, 485 A. 2d, at 387 (“This statute has been interpreted broadly”). Appellees requested an instruction stating that the jury could draw a negative inference from appellants’ assertions of the shield law; appellants requested an instruction that the jury could not draw any inferences from those exercises of the shield law’s privilege. The trial judge declined to give either instruction. Tr. 3806-3808. The jury ruled for appellants and therefore awarded no damages to appellees.

Pursuant to Pennsylvania statute, 42 Pa. Cons. Stat. § 722(7) (1982), the appellees here brought an appeal directly to the Pennsylvania Supreme Court. That court viewed Gertz as simply requiring the plaintiff to show fault in actions for defamation. It concluded that a showing of fault did not require a showing of falsity, held that to place the burden of showing truth on the defendant did not unconstitutionally inhibit free debate, and remanded the case for a new trial.2 506 Pa., at 318-329, 485 A. 2d, at 382-387. We noted probable jurisdiction, 472 U. S. 1025 (1985), and now reverse.

1 — 1 I — I

In New York Times Co. v. Sullivan, 376 U. S. 254 (1964), the Court “determined] for the first time the extent to which the constitutional protections for speech and press limit a State’s power to award damages in a libel action brought by a [772]*772public official against critics of his official conduct.” Id., at 256. The State’s trial court in that case believed the statements tended to injure the plaintiff’s reputation or bring him into public contempt, id., at 267, and were therefore libelous per se, id., at 262. The trial court therefore instructed the jury that it could presume falsity, malice, and some damage to reputation, as long as it found that the defendant had published the statements and that the statements concerned the plaintiff. Ibid. The trial court also instructed the jury that an award of punitive damages required “malice” or “actual malice.” Id., at 262, 267.

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475 U.S. 767, 106 S. Ct. 1558, 89 L. Ed. 2d 783, 1986 U.S. LEXIS 97, 12 Media L. Rep. (BNA) 1977, 54 U.S.L.W. 4373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-newspapers-inc-v-hepps-scotus-1986.