substantially true

In 1983, petitioner Harte-Hanks Communications, Inc., published the Journal News, a newspaper in Hamilton, Ohio, that endorsed the reelection of incumbent municipal judge James Dolan. Respondent Daniel Connaughton was the Democratic candidate challenging Dolan in the November 8 election. A grand jury was investigating bribery allegations against Billy Joe New, the director of court services, who had resigned and been arrested. On September 17, 1983, Connaughton conducted a tape-recorded interview at his home with Patsy Stephens and her sister Alice Thompson regarding New's handling of cases. Stephens later passed a lie detector test arranged by Connaughton, after which he filed a complaint leading to New's indictment and conviction. Late in October 1983, Alice Thompson contacted the Journal News through New's lawyer and gave a tape-recorded interview on October 27 in which she alleged that Connaughton had offered her and Stephens jobs, a trip to Florida, a restaurant for their parents, and other benefits in exchange for their help in the investigation and to keep the matter quiet. The newspaper's editorial director and a reporter interviewed Connaughton on October 31 for 55 minutes, during which he denied making any promises or quid pro quo offers but acknowledged some speculative discussions about jobs and trips. The Journal News did not interview Stephens, who had been present at the September meeting, nor did it listen to the tapes of that interview despite Connaughton making them available. On November 1, the newspaper published a front-page article reporting Thompson's allegations under the headline "Bribery case witness claims jobs, trip offered." Connaughton filed a diversity action in the United States District Court for the Southern District of Ohio alleging defamation. After a four-week trial featuring six days of testimony, three taped interviews, and 56 exhibits, the jury returned special verdicts finding by a preponderance that the article was defamatory and false and by clear and convincing evidence that it was published with actual malice. The jury awarded Connaughton $5,000 in compensatory damages and $195,000 in punitive damages. The district court denied the newspaper's motions for judgment notwithstanding the verdict and for a new trial. The Court of Appeals for the Sixth Circuit affirmed the judgment after conducting its own review of the record. The Supreme Court granted certiorari to examine the sufficiency of the evidence and the standard of review applied below.

In 1974 Michael Milkovich served as head wrestling coach at Maple Heights High School in Ohio. During a match against Mentor High School a fight broke out between the teams. Several wrestlers were injured and one opposing coach was struck in the face. Milkovich and Maple Heights superintendent H. Don Scott testified before the Ohio High School Athletic Association that Milkovich had not been involved in the altercation. The OHSAA censured Milkovich and placed the Maple Heights team on probation for one year. Several wrestlers and their parents sued the OHSAA in the Court of Common Pleas of Franklin County, Ohio, alleging denial of due process. Both Milkovich and Scott testified in that proceeding. The court overturned the OHSAA sanctions on due process grounds. The day after the decision the News-Herald published a column by J. Theodore Diadiun. The column bore the heading "Maple beat the law with the big lie.'" It stated that Milkovich and Scott lied at the hearing after each having given his solemn oath to tell the truth. It further stated that by the time the hearing before Judge Martin rolled around, Milkovich and Scott apparently had their version of the incident polished and reconstructed, and the judge apparently believed them. Milkovich filed a defamation action against Diadiun and the newspaper’s owner, Lorain Journal Co., in the Court of Common Pleas of Lake County, Ohio. He alleged that the column accused him of committing perjury. The trial court granted a directed verdict for the defendants. The Ohio Court of Appeals reversed and remanded for trial. On remand the trial court granted summary judgment to the defendants and the Ohio Court of Appeals affirmed. In a parallel action brought by Superintendent Scott the Ohio Supreme Court held that the same column constituted protected opinion. Relying on that decision the Ohio Court of Appeals in Milkovich’s case affirmed summary judgment for the defendants. The Ohio Supreme Court dismissed Milkovich’s appeal for want of a substantial constitutional question. The United States Supreme Court granted certiorari.

The plaintiff brought suit against the Franklin Mills Company, a milling business engaged in the manufacture and sale of flour, and the Rochester Folding Box Company. Before the action commenced, the defendants obtained, made, printed, sold, and circulated approximately 25,000 lithographic prints, photographs, and likenesses of the plaintiff without her knowledge or consent. The prints featured the plaintiff's portrait with the words “Flour of the Family” printed above it in large letters and “Franklin Mills Flour” below it in large capital letters, along with “Rochester Folding Box Co., Rochester, N.Y.” in the lower right-hand corner, accompanied by other advertisements for Franklin Mills flour. These 25,000 likenesses were conspicuously posted and displayed in stores, warehouses, saloons, and other public places throughout the United States and other countries, particularly near the plaintiff's residence. Friends and acquaintances of the plaintiff recognized her in the advertisements, leading to her being subjected to scoffs and jeers that humiliated her, attacked her good name, and caused her great distress and suffering in both body and mind; she became ill, suffered a severe nervous shock, was confined to her bed, and required the services of a physician. The defendants continued these activities, and the plaintiff claimed damages of $15,000 as a result. The complaint sought an injunction preventing the defendants from making, printing, publishing, circulating, or using any likenesses of the plaintiff, along with damages. The defendants demurred to the complaint on the ground that it failed to state facts sufficient to constitute a cause of action. The Appellate Division certified two questions of law to the Court of Appeals for review.

Curtis Publishing Co. published an article in the Saturday Evening Post in 1962 accusing Wally Butts, athletic director of the University of Georgia and a former head football coach, of disclosing Georgia's offensive plays and defensive patterns to Alabama coach Paul Bryant one week before the teams played. Butts, who was employed by the private Georgia Athletic Association rather than the state, filed a diversity libel action in federal district court in Georgia seeking $5 million in compensatory damages and $5 million in punitive damages. The complaint was filed and the trial completed before the Supreme Court handed down its decision in New York Times, and the only defense raised by petitioner Curtis was one of substantial truth. The evidence showed that Burnett had indeed overheard a conversation between Butts and the Alabama coach, but the content of that conversation was hotly disputed. Expert witnesses supported Butts by analyzing Burnett's notes and the films of the game itself. The Saturday Evening Post's version of the game and of the players' remarks about the game was severely contradicted. The jury returned a verdict for $60,000 in general damages and for $3,000,000 in punitive damages. The trial court reduced the total to $460,000 by remittitur. Soon thereafter the Supreme Court handed down its decision in New York Times and Curtis immediately brought it to the attention of the trial court by a motion for new trial. The trial judge rejected Curtis' motion on two grounds. He first held that New York Times was inapplicable because Butts was not a public official. He also held that there was ample evidence from which a jury could have concluded that there was reckless disregard by defendant of whether the article was false or not. Curtis appealed to the Court of Appeals for the Fifth Circuit which affirmed the judgment of the District Court by a two-to-one vote. The majority there did not reach the merits of petitioner's constitutional claim, holding that Curtis had clearly waived any right it may have had to challenge the verdict and judgment on any of the constitutional grounds asserted in Times, 351 F. 2d 702, 713, on the basis of Michel v. Louisiana, 350 U. S. 91. Judge Rives dissented, arguing that the record did not support a finding of knowing waiver of constitutional defenses. Rehearing was denied, 351 F. 2d, at 733, and the Supreme Court granted certiorari. Separately, on September 30, 1962, the Associated Press distributed a news dispatch giving an eyewitness account of events on the campus of the University of Mississippi when a massive riot erupted because of federal efforts to enforce a court decree ordering the enrollment of James Meredith as a student. Walker was a private citizen at the time of the riot and publication. He had pursued a long and honorable career in the United States Army before resigning to engage in political activity. Walker initiated this libel action in the state courts of Texas, seeking a total of $2,000,000 in compensatory and punitive damages. A verdict of $500,000 compensatory damages and $300,000 punitive damages was returned. The trial judge found no evidence to support the jury's answers that there was actual malice and refused to enter the punitive award. Both sides appealed and the Texas Court of Civil Appeals affirmed both the award of compensatory damages and the striking of punitive damages. The Supreme Court of Texas denied a writ of error, and the Supreme Court granted certiorari.