York Times standard in Arizona

14 Arizona opinions name it 2 courts 1966–2021 1 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
New York Times Co. v. Sullivangreen scotus · 1964 · cited in 3 Arizona opinions naming this issue, 1966–2021 2 sentences 2021Co., Inc., 930 F.2d 662, 671 (9th Cir. 1990) (quoting New York Times, 376 U.S. at 285 ) (reading "Bose and Harte-Hanks as creating a 'credibility exception' to the New York Times rule of independent review").1 A. The Alleged Statements Were Provable as False. ¶11 On appeal, Mrs. Bendt asserts that her speech was opinion, used hyperbolic language, and was protected political speech. 1978See New York Times Co. v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964).	1	3
Rosenbloom v. Metromedia, Inc.red scotus · 1971 · cited in 2 Arizona opinions naming this issue, 1977–2015 2 sentences 2015See Rosenbloom v. Metromedia, Inc., 403 U.S. 29 , 52 n. 18, 91 S.Ct. 1811 , 29 L.Ed.2d 296 (1971) ("[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.”). . 2015See Rosenbloom v. Metromedia, Inc., 403 U.S. 29 , 52 n. 18, 91 S.Ct. 1811 , 29 L.Ed.2d 296 (1971) ("[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.”). .	1	2
cluster 559038green ca9 · 1991 · cited in 1 Arizona opinions naming this issue, 2021–2021 1 sentence 2021Co., Inc., 930 F.2d 662, 671 (9th Cir. 1990) (quoting New York Times, 376 U.S. at 285 ) (reading "Bose and Harte-Hanks as creating a 'credibility exception' to the New York Times rule of independent review").1 A. The Alleged Statements Were Provable as False. ¶11 On appeal, Mrs. Bendt asserts that her speech was opinion, used hyperbolic language, and was protected political speech.	1	1
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.green scotus · 1985 · cited in 1 Arizona opinions naming this issue, 2005–2005 2 sentences 2005See Hustler Magazine v. Falwell, 485 U.S. 46, 56 , 108 S.Ct. 876 , 99 L.Ed.2d 41 (1988). ¶ 13 While speech involving private matters “is not totally unprotected by the First Amendment,” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 760 , 105 S.Ct. 2939 , 86 L.Ed.2d 593 (1985), in most such cases a state’s interest in compensating its citizens for injuries arising from tortious speech will outweigh any First Amendment concerns, id. at 757-61 , 105 S.Ct. 2939 . 2005See Hustler Magazine v. Falwell, 485 U.S. 46, 56 , 108 S.Ct. 876 , 99 L.Ed.2d 41 (1988). ¶ 13 While speech involving private matters “is not totally unprotected by the First Amendment,” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 760 , 105 S.Ct. 2939 , 86 L.Ed.2d 593 (1985), in most such cases a state’s interest in compensating its citizens for injuries arising from tortious speech will outweigh any First Amendment concerns, id. at 757-61 , 105 S.Ct. 2939 .	1	1
Hustler Magazine, Inc. v. Falwellgreen scotus · 1988 · cited in 1 Arizona opinions naming this issue, 2005–2005 2 sentences 2005See Hustler Magazine v. Falwell, 485 U.S. 46, 56 , 108 S.Ct. 876 , 99 L.Ed.2d 41 (1988). ¶ 13 While speech involving private matters “is not totally unprotected by the First Amendment,” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 760 , 105 S.Ct. 2939 , 86 L.Ed.2d 593 (1985), in most such cases a state’s interest in compensating its citizens for injuries arising from tortious speech will outweigh any First Amendment concerns, id. at 757-61 , 105 S.Ct. 2939 . 2005See Hustler Magazine v. Falwell, 485 U.S. 46, 56 , 108 S.Ct. 876 , 99 L.Ed.2d 41 (1988). ¶ 13 While speech involving private matters “is not totally unprotected by the First Amendment,” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 760 , 105 S.Ct. 2939 , 86 L.Ed.2d 593 (1985), in most such cases a state’s interest in compensating its citizens for injuries arising from tortious speech will outweigh any First Amendment concerns, id. at 757-61 , 105 S.Ct. 2939 .	1	1
Milkovich v. Lorain Journal Co.green scotus · 1990 · cited in 1 Arizona opinions naming this issue, 1993–1993 2 sentences 1993See Milkovich, 497 U.S. at 20 n. 6, 110 S.Ct. at 2706 n. 6 (where the plaintiff is a public official or public figure, "the New York Times rule already require[s] a showing of falsity before liability [can] result."); Hepps, 475 U.S. at 775 , 106 S.Ct. at 1563 ( New York Times rule requires a public figure plaintiff to show falsity to prevail in a suit for defamation) (citing cases). 1993See Milkovich, 497 U.S. at 20 n. 6, 110 S.Ct. at 2706 n. 6 (where the plaintiff is a public official or public figure, "the New York Times rule already require[s] a showing of falsity before liability [can] result."); Hepps, 475 U.S. at 775 , 106 S.Ct. at 1563 ( New York Times rule requires a public figure plaintiff to show falsity to prevail in a suit for defamation) (citing cases).	1	1
Ross v. Dukegreen arizctapp · 1976 · cited in 1 Arizona opinions naming this issue, 1993–1993 2 sentences 1993"Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are `clearly impermissible.' `[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.'" Ross v. Duke, 116 Ariz. 298, 301 , 569 P.2d 240, 243 (App. 1977) (quoting Old Dominion Branch No. 496, Nat'l Ass'n of Letter Carriers v. Austin, 418 U.S. 264, 281 , 94 S.Ct. 2770, 2780 , 41 L.Ed.2d 745 (1974)) (citations omitted). 1993"Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are `clearly impermissible.' `[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.'" Ross v. Duke, 116 Ariz. 298, 301 , 569 P.2d 240, 243 (App. 1977) (quoting Old Dominion Branch No. 496, Nat'l Ass'n of Letter Carriers v. Austin, 418 U.S. 264, 281 , 94 S.Ct. 2770, 2780 , 41 L.Ed.2d 745 (1974)) (citations omitted).	1	1
Philadelphia Newspapers, Inc. v. Heppsgreen scotus · 1986 · cited in 1 Arizona opinions naming this issue, 1993–1993 2 sentences 1993See Milkovich, 497 U.S. at 20 n. 6, 110 S.Ct. at 2706 n. 6 (where the plaintiff is a public official or public figure, "the New York Times rule already require[s] a showing of falsity before liability [can] result."); Hepps, 475 U.S. at 775 , 106 S.Ct. at 1563 ( New York Times rule requires a public figure plaintiff to show falsity to prevail in a suit for defamation) (citing cases). 1993See Milkovich, 497 U.S. at 20 n. 6, 110 S.Ct. at 2706 n. 6 (where the plaintiff is a public official or public figure, "the New York Times rule already require[s] a showing of falsity before liability [can] result."); Hepps, 475 U.S. at 775 , 106 S.Ct. at 1563 ( New York Times rule requires a public figure plaintiff to show falsity to prevail in a suit for defamation) (citing cases).	1	1
Herbert v. Landogreen scotus · 1979 · cited in 1 Arizona opinions naming this issue, 1986–1986 2 sentences 1986However, failure to investigate, sloppy investigation, poor reporting practice and the like are not per se actual malice; “inaccuracy ... is commonplace in the forum of robust debate to which the New York Times rule applies.” Bose Corp. v. Consumers Union, 466 U.S. at 513 , 104 S.Ct. at 1966 ; Herbert v. Lando, 441 U.S. 153, 171-72 , 99 S.Ct. 1635, 1646 (1979). 1986However, failure to investigate, sloppy investigation, poor reporting practice and the like are not per se actual malice; “inaccuracy ... is commonplace in the forum of robust debate to which the New York Times rule applies.” Bose Corp. v. Consumers Union, 466 U.S. at 513 , 104 S.Ct. at 1966 ; Herbert v. Lando, 441 U.S. 153, 171-72 , 99 S.Ct. 1635, 1646 (1979).	1	1
Clark v. Allengreen pa · 1964 · cited in 1 Arizona opinions naming this issue, 1966–1966 2 sentences 1966Clark v. Allen, 415 Pa. 484 , 204 A.2d 42, 48 (1964). 1966Clark v. Allen, 415 Pa. 484 , 204 A.2d 42, 48 (1964).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Gertz v. Robert Welch, Inc. green scotus · 1974 2 sentences 1978It is necessary to restrict defamation plaintiffs who do not prove knowledge of falsity or reckless disregard for the truth to compensation for actual injury. „ Id. at 349 , 94 S.Ct. at 3011 12, 41 L.Ed.2d at 810 11. 69 There was no proof of liability nor were jury instructions given based upon a showing of knowledge of falsity or reckless disregard for the truth, sometimes referred to as the New York Times standard. 1978It is necessary to restrict defamation plaintiffs who do not prove knowledge of falsity or reckless disregard for the truth to compensation for actual injury. „ Id. at 349 , 94 S.Ct. at 3011 12, 41 L.Ed.2d at 810 11. 69 There was no proof of liability nor were jury instructions given based upon a showing of knowledge of falsity or reckless disregard for the truth, sometimes referred to as the New York Times standard.	3	1976–1978
Old Dominion Branch No. 496 v. Austin green scotus · 1974 2 sentences 1993"Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are `clearly impermissible.' `[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.'" Ross v. Duke, 116 Ariz. 298, 301 , 569 P.2d 240, 243 (App. 1977) (quoting Old Dominion Branch No. 496, Nat'l Ass'n of Letter Carriers v. Austin, 418 U.S. 264, 281 , 94 S.Ct. 2770, 2780 , 41 L.Ed.2d 745 (1974)) (citations omitted). 1993"Instructions which permit a jury to impose liability on the basis of the defendant's hatred, spite, ill will, or desire to injure are `clearly impermissible.' `[I]ll will toward the plaintiff, or bad motives, are not elements of the New York Times standard.'" Ross v. Duke, 116 Ariz. 298, 301 , 569 P.2d 240, 243 (App. 1977) (quoting Old Dominion Branch No. 496, Nat'l Ass'n of Letter Carriers v. Austin, 418 U.S. 264, 281 , 94 S.Ct. 2770, 2780 , 41 L.Ed.2d 745 (1974)) (citations omitted).	2	1976–1993
Bose Corp. v. Consumers Union of United States, Inc. green scotus · 1984 2 sentences 1986However, failure to investigate, sloppy investigation, poor reporting practice and the like are not per se actual malice; “inaccuracy ... is commonplace in the forum of robust debate to which the New York Times rule applies.” Bose Corp. v. Consumers Union, 466 U.S. at 513 , 104 S.Ct. at 1966 ; Herbert v. Lando, 441 U.S. 153, 171-72 , 99 S.Ct. 1635, 1646 (1979). 1986However, failure to investigate, sloppy investigation, poor reporting practice and the like are not per se actual malice; “inaccuracy ... is commonplace in the forum of robust debate to which the New York Times rule applies.” Bose Corp. v. Consumers Union, 466 U.S. at 513 , 104 S.Ct. at 1966 ; Herbert v. Lando, 441 U.S. 153, 171-72 , 99 S.Ct. 1635, 1646 (1979).	1	1986–1986
Hodges v. Oklahoma Journal Publishing Co. green okla · 1980 1 sentence 1985In Hodges v. Oklahoma Journal, supra, Hill Hodges, a former Oklahoma County license tag agent, was found to be a public official under the New York Times standard.	1	1985–1985
Sewell v. Brookbank green arizctapp · 1978 2 sentences 1981It has been adopted in Arizona, Sewell v. Brookbank, 119 Ariz. at 425 , 581 P.2d at 270 , and requires that the defamatory statements be published with knowledge of their falsity, or with reckless disregard of their falsity. 1981It has been adopted in Arizona, Sewell v. Brookbank, 119 Ariz. at 425 , 581 P.2d at 270 , and requires that the defamatory statements be published with knowledge of their falsity, or with reckless disregard of their falsity.	1	1981–1981
Curtis Publishing Co. v. Butts green scotus · 1967 2 sentences 1977The New York Times standard was later extended to include “public figures” in Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 (1967). 1977The New York Times standard was later extended to include “public figures” in Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 (1967).	1	1977–1977
Walker v. Colorado Springs Sun, Inc. green colo · 1975 2 sentences 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976). 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. green indctapp · 1974 1 sentence 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
Le Conté Cosmetics, Inc. v. J. B. Williams Co. green scotus · 1976 1 sentence 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. green scotus · 1976 1 sentence 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
Vlahakis v. Illinois green scotus · 1975 1 sentence 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
A. Wichman & Son v. Fox green sc · 1914 1 sentence 1977Walker v. Colorado Springs Sun, Inc., 188 Colo. 86 , 538 P.2d 450 cert. denied, 423 U.S. 1025 , 96 S.Ct. 469 , 46 L.Ed.2d 399 (1975); Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. (Ind.App.), 321 N.E.2d 580 (1975), cert. denied, 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 (1976).	1	1977–1977
Guam Federation of Teachers, Local 1581, of the American Federation of Teachers, a Corporation v. Alfred C. Ysrael, Also Known as Al Ysrael green ca9 · 1974 1 sentence 1975If the evidence, so considered, measures up to the New York Times standard, the case is one for the jury, and it is error to grant a directed verdict, as the trial judge did in this case.” 492 F.2d at 441 .	1	1975–1975
Coleman v. MacLennan green kan · 1908 2 sentences 1966“However, the matter is not so simple, for this Court notes with significance that in laying down the doctrine of ‘actual malice’ in the Times case, the Supreme Court quoted with approval from the case of Coleman v. MacLennan, 78 Kan. 711 , 98 P. 281 , 20 L.R.A., N.S., 361 (1908) as follows: “ ‘This privilege extends to a great variety of subjects and includes matters of public concern, public men, and candidates for office.’ (Emphasis added.) Jfi ‡ * ‡ * * “I therefore reach the inescapable conclusion that the protective ‘public official’ doctrine of ‘actual malice’ announced in New York Time 1966“However, the matter is not so simple, for this Court notes with significance that in laying down the doctrine of ‘actual malice’ in the Times case, the Supreme Court quoted with approval from the case of Coleman v. MacLennan, 78 Kan. 711 , 98 P. 281 , 20 L.R.A., N.S., 361 (1908) as follows: “ ‘This privilege extends to a great variety of subjects and includes matters of public concern, public men, and candidates for office.’ (Emphasis added.) Jfi ‡ * ‡ * * “I therefore reach the inescapable conclusion that the protective ‘public official’ doctrine of ‘actual malice’ announced in New York Time	1	1966–1966
Walker v. Courier-Journal and Louisville Times Co. green kywd · 1965 1 sentence 1966In Walker v. Courier-Journal and Louisville Times Co., 246 F.Supp. 231 (W.D.Ky. 1965), a federal district court dealt squarely with the question of extension of the New York Times rule: “Thus, it can be seen that had the Plaintiff, Walker, been a ‘public official’ at the time of this occurrence, this Court’s task would have been -automatically relegated to a decision only of the one issue of whether or not the Defendants herein had published the statements attributed to them with ‘actual malice’, that is, with knowledge that the statements were false or with reckless disregard of whether or no	1	1966–1966

Where else courts name it

CA 45 (1969–2016) TX 32 (1975–2019) IL 30 (1968–2019) LA 23 (1966–2017) FL 22 (1969–2010) MD 20 (1970–2016) NY 19 (1964–2009) PA 18 (1971–2015) NJ 16 (1965–1995) OH 15 (1974–2021) MA 14 (1973–2009) SC 14 (1980–2021) AZ 14 (1966–2021) IN 11 (1970–2023) IA 11 (1979–2014) TN 11 (1978–2019) WA 11 (1967–2025) MN 11 (1967–2023) MI 9 (1969–2022) OK 8 (1973–2000) VA 8 (1972–2024) WI 8 (1966–2024) MS 8 (1967–2002) NC 7 (1980–2020) CO 7 (1975–2012) DC 7 (1979–2023) MO 6 (1972–1991) OR 5 (1977–2022) VT 5 (1977–1992) NH 5 (1967–2019) MT 5 (1978–2025) KS 5 (1975–1983) ID 4 (1990–2016) GA 4 (1979–2025) HI 4 (1967–1983) RI 4 (1980–1995) ME 3 (1978–1986) WY 3 (1980–1992) CT 3 (1975–2002) AR 3 (1975–1983) KY 3 (1989–2005) NM 3 (1982–2012) WV 3 (1984–1992) PR 2 (1996–2004) AL 2 (2003–2004) NE 2 (1985–1993) AK 2 (1971–1982) UT 2 (1983–1988) SD 2 (1969–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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