Code of Alabama
Ala. Code § 6-5-186 (2026)
Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.
(Code 1907, §3750; Code 1923, §7361; Code 1940, T. 7, §914.)
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1986–2024 · leading case: Tanner v. Ebbole, 88 So. 3d 856 (Ala. Civ. App. 2011).
Tanner v. Ebbole, 88 So. 3d 856 (Ala. Civ. App. 2011). “Demand is hereby made pursuant to Alabama Code § 6-5-186 for full and fair retraction of such charges and matters.”
Ivey v. State, 821 So. 2d 937 (Ala. 2001). “Additionally, we note that § 6-5-186, Ala. Code 1975, which deals with punitive damages in a civil action alleging libel, demonstrates that the Legislature was capable of drafting a statute contemplating the "actual-malice" standard of New York Times.”
Walker v. Majors, 496 So. 2d 726 (Ala. 1986). “On or about June 12, 1984, Majors received letters from appellant Walker's counsel demanding retraction of the allegedly defamatory matter pursuant to Code 1975, § 6-5-186. In response to the demand by Walker's attorney, Majors published what he claimed was a retraction, dated…”
Barnette v. Wilson, 706 So. 2d 1164 (Ala. 1997). “Ala.Code 1975, § 6-5-186, provides: "Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or…”
Katopodis v. Pope, 542 So. 2d 1229 (Ala. 1989). “Ala.Code 1975, § 6-5-186, provides that punitive damages are not recoverable in an action for libel unless it is proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false, and it…”
King v. S. Poverty Law Ctr., Inc., 594 F. Supp. 3d 1272 (M.D. Ala. 2022). “However, in their response to SPLC’s motion, they argue that Georgia law does not provide to SPLC the protection it asserts, but they do not otherwise address which state’s law applies.”
Keith Edward Myers v. Jerry M. Blevins (Appeal from Elmore Circuit Court: CV-22-900191)., No. SC-2023-0545 (Ala. Aug. 23, 2024). “On May 31, 2023, Myers filed an amended motion to set aside the default judgment against him on numerous grounds, including, among others, purported improper venue, purported ineffective service, and purported failure by Blevins to make a demand of retraction as provided in §…”
Ex parte Jerry M. Blevins. PETITION FOR WRIT OF MANDAMUS (In re: Jerry M. Blevins v. Keith Edward Myers) (Elmore Circuit Court: CV-22-900191)., No. SC-2023-0638 (Ala. Aug. 23, 2024). “On May 31, 2023, Myers filed an amended motion to set aside the default judgment against him on numerous grounds, including, among others, purported improper venue, purported ineffective service, and purported failure by Blevins to make a demand of retraction as provided in §…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.