York Times standard (Indiana) · Go Syfert
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York Times standard in Indiana

11 Indiana opinions name it 2 courts 1970–2023 1 in the last five years

The cases below were cited by Indiana 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 (11)

CaseFollowedCited
Gertz v. Robert Welch, Inc.green
scotus · 1974 · cited in 5 Indiana opinions naming this issue, 1974–1999
2 sentences

1999Id. at 343 , 94 S.Ct. at 3008-09 , 41 L.Ed.2d at 807 (noting that “the New York Times rule states an accommodation between th[e] concern [of providing the press and broadcast media with immunity from liability] and the limited state interest present in the context of libel actions brought by public persons” and concluding that “the state interest in compensating injury to the reputation of private individuals requires that a different rule should obtain with respect to them”).

1999Id. at 343 , 94 S.Ct. at 3008-09 , 41 L.Ed.2d at 807 (noting that “the New York Times rule states an accommodation between th[e] concern [of providing the press and broadcast media with immunity from liability] and the limited state interest present in the context of libel actions brought by public persons” and concluding that “the state interest in compensating injury to the reputation of private individuals requires that a different rule should obtain with respect to them”).

15
Journal-Gazette Co. v. Bandido's, Inc.green
ind · 1999 · cited in 2 Indiana opinions naming this issue, 2014–2023
2 sentences

2023The Court noted that “[w]e have extended the stringent New York Times standard to ‘defamation cases involving matters of public or general concern,’ even if the victim is a private figure.” Id. at 962 (quoting Journal-Gazette, Co. v. Bandido’s, Inc., 712 N.E.2d 446, 449, 452 (Ind. 1999)). [20] Clinging to the words “matters of public or general concern,” the parties argue that the State had to prove actual malice because the Bann is a matter of public or general concern within the Amish community.

2014Bandido’s, 712 N.E.2d at 449 , 452 (citing Aafco Heating & Air Conditioning Co. v. Nw.

12
New York Times Co. v. Sullivangreen
scotus · 1964 · cited in 2 Indiana opinions naming this issue, 1970–1996
2 sentences

1996"Realistically, some error is inevitable; and the difficulties of separating fact from fiction convinced the Court in New York Times, Butts, Gertz [v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974)] and similar cases to limit liability to instances where some degree of culpability is present in order to eliminate the risk of undue self-censorship and the suppression of truthful material." - Herbert v. Lando, 441 U.S. 153, 171-172 , 99 S.Ct. 1635, 1646-1647 , 60 L.Ed.2d 115 (1979). "[Elrroneous statement is inevitable in free debate, and . must be protected if the free

1996"Realistically, some error is inevitable; and the difficulties of separating fact from fiction convinced the Court in New York Times, Butts, Gertz [v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974)] and similar cases to limit liability to instances where some degree of culpability is present in order to eliminate the risk of undue self-censorship and the suppression of truthful material." - Herbert v. Lando, 441 U.S. 153, 171-172 , 99 S.Ct. 1635, 1646-1647 , 60 L.Ed.2d 115 (1979). "[Elrroneous statement is inevitable in free debate, and . must be protected if the free

12
Schwartz v. WORRALL PUBLICATIONSgreen
njsuperctappdiv · 1992 · cited in 1 Indiana opinions naming this issue, 1999–1999
2 sentences

1999The Court additionally stated that this case "represents the sort of inaccuracy that is commonplace in the forum of robust debate to which the New York Times rule applies." Id.; see Chester, 553 N.E.2d at 140 (A negligent interpretation of public records or misconstruction of a statement from a person interviewed falls short of the constitutional requirement of actual malice.). *464 The circumstances in Schwartz v. Worrall Publications, Inc., 258 N.J.Super. 493 , 610 A.2d 425 (1992), [30] are somewhat similar to the circumstances of the case at hand.

1999The Court additionally stated that this case "represents the sort of inaccuracy that is commonplace in the forum of robust debate to which the New York Times rule applies." Id.; see Chester, 553 N.E.2d at 140 (A negligent interpretation of public records or misconstruction of a statement from a person interviewed falls short of the constitutional requirement of actual malice.). *464 The circumstances in Schwartz v. Worrall Publications, Inc., 258 N.J.Super. 493 , 610 A.2d 425 (1992), [30] are somewhat similar to the circumstances of the case at hand.

11
Fopay v. Noveroskegreen
illappct · 1975 · cited in 1 Indiana opinions naming this issue, 1980–1980
2 sentences

1980See generally Fopay v. Noveroske, (1975) 31 Ill.App.3d 182 , 334 N.E.2d 79 and Hollander v. Pan American World Airways, Inc., (D.Md. 1973) 382 F.Supp. 96 (the latter discussing First Amendment law and private defama-tions prior to Gertz.) Nor has an Indiana court interpreted the “actual damages” rule of Gertz as applying to all defamation actions, although we have held in a media case that the New York Times standard of recklessness should be used regardless of whether a public or private individual is defamed, where the statements in question concern an event or topic of general or public int

1980See generally Fopay v. Noveroske, (1975) 31 Ill.App.3d 182 , 334 N.E.2d 79 and Hollander v. Pan American World Airways, Inc., (D.Md. 1973) 382 F.Supp. 96 (the latter discussing First Amendment law and private defama-tions prior to Gertz.) Nor has an Indiana court interpreted the “actual damages” rule of Gertz as applying to all defamation actions, although we have held in a media case that the New York Times standard of recklessness should be used regardless of whether a public or private individual is defamed, where the statements in question concern an event or topic of general or public int

11
Hollander v. Pan American World Airways, Inc.green
mdd · 1974 · cited in 1 Indiana opinions naming this issue, 1980–1980
1 sentence

1980See generally Fopay v. Noveroske, (1975) 31 Ill.App.3d 182 , 334 N.E.2d 79 and Hollander v. Pan American World Airways, Inc., (D.Md. 1973) 382 F.Supp. 96 (the latter discussing First Amendment law and private defama-tions prior to Gertz.) Nor has an Indiana court interpreted the “actual damages” rule of Gertz as applying to all defamation actions, although we have held in a media case that the New York Times standard of recklessness should be used regardless of whether a public or private individual is defamed, where the statements in question concern an event or topic of general or public int

11
Barry M. Goldwater v. Ralph Ginzburg, Warren Boroson, and Factmagazine, Inc.green
ca2 · 1969 · cited in 1 Indiana opinions naming this issue, 1978–1978
2 sentences

1978In Goldwater v. Ginzburg, supra, 414 F.2d 324 , the court also found summary judgment to be inappropriate where “the non-moving party filed affidavits and relevant materials to show affirmatively that there was a genuine issue of fact to resolve, the existence of [defendant’s] possible actual malice.” Id. at 338, n. 21 .

1978In Goldwater v. Ginzburg, supra, 414 F.2d 324 , the court also found summary judgment to be inappropriate where “the non-moving party filed affidavits and relevant materials to show affirmatively that there was a genuine issue of fact to resolve, the existence of [defendant’s] possible actual malice.” Id. at 338, n. 21 .

11
Greenbelt Cooperative Publishing Assn., Inc. v. Breslergreen
scotus · 1970 · cited in 1 Indiana opinions naming this issue, 1974–1974
2 sentences

1974Beckley Newspaper Corp. v. Hanks (1967), 389 U.S. 81 , 88 S.Ct. 197 , 19 L.Ed.2d 248 ; see also Greenbelt Cooperative Publishing Assoc. v. Bresler (1970), 398 U.S. 6 , 90 S.Ct. 1537 , 26 L.Ed.2d 6 .

1974Beckley Newspaper Corp. v. Hanks (1967), 389 U.S. 81 , 88 S.Ct. 197 , 19 L.Ed.2d 248 ; see also Greenbelt Cooperative Publishing Assoc. v. Bresler (1970), 398 U.S. 6 , 90 S.Ct. 1537 , 26 L.Ed.2d 6 .

11
Tilton v. Cowles Publishing Co.green
wash · 1969 · cited in 1 Indiana opinions naming this issue, 1974–1974
2 sentences

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11
Griggs v. Duke Power Co.green
scotus · 1970 · cited in 1 Indiana opinions naming this issue, 1974–1974
2 sentences

1974See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash. 2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970), (policeman and fireman running for election to a municipal health and safety board); Arber v. Stahlin (1968), 10 Mich.App. 181 , 159 N.W.2d 154 , cert. denied, 397 U.S. 924 ; 90 S.Ct. 927 , 25 L.Ed.2d 103 (1970) (republican party volunteer workers and precinct delegates); Rose v. Koch (1967), 278 Minn. 235 , 154 N.W.2d 409 (a university professor who was both a noted author and a former state legislator at the time of publication); Grayson v. Curt

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11
Messinger v. United Statesgreen
scotus · 1970 · cited in 1 Indiana opinions naming this issue, 1974–1974
2 sentences

1974See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash. 2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970), (policeman and fireman running for election to a municipal health and safety board); Arber v. Stahlin (1968), 10 Mich.App. 181 , 159 N.W.2d 154 , cert. denied, 397 U.S. 924 ; 90 S.Ct. 927 , 25 L.Ed.2d 103 (1970) (republican party volunteer workers and precinct delegates); Rose v. Koch (1967), 278 Minn. 235 , 154 N.W.2d 409 (a university professor who was both a noted author and a former state legislator at the time of publication); Grayson v. Curt

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
Curtis Publishing Co. v. Butts green
scotus · 1967
2 sentences

1974In a subsequent decision, Curtis Publishing Co. v. Butts (1967), 388 U.S. 130 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 , the Court extended the New York Times privilege to media comments on matters of public interest concerning “public figures.” While the meaning of the term “public official” has caused the Court little difficulty, 1 the question of who is or who is not a “public figure” has not been fully resolved by the Court.

1974In a subsequent decision, Curtis Publishing Co. v. Butts (1967), 388 U.S. 130 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 , the Court extended the New York Times privilege to media comments on matters of public interest concerning “public figures.” While the meaning of the term “public official” has caused the Court little difficulty, 1 the question of who is or who is not a “public figure” has not been fully resolved by the Court.

21974–1999
Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. green
indctapp · 1974
2 sentences

1999In his dissent in Aafco, Judge Garrard noted that "at the time the trial court rendered its decision, it was guided only by the plurality opinion of Rosenbloom v. Metromedia, Inc. (1971), 403 U.S. 29 , 91 S.Ct. 1811 , 29 L.Ed.2d 296 , which indicated that application of the New York Times standard would be proper.” Aafco, 162 Ind.App. at 689 , 321 N.E.2d at 591-92 .

1999In his dissent in Aafco, Judge Garrard noted that "at the time the trial court rendered its decision, it was guided only by the plurality opinion of Rosenbloom v. Metromedia, Inc. (1971), 403 U.S. 29 , 91 S.Ct. 1811 , 29 L.Ed.2d 296 , which indicated that application of the New York Times standard would be proper.” Aafco, 162 Ind.App. at 689 , 321 N.E.2d at 591-92 .

21991–1999
Rosenbloom v. Metromedia, Inc. red
scotus · 1971
2 sentences

1999The Court disapproved of such an extension on two grounds: (1) “[t]he extension of the New York Times test proposed by the Rosenbloom plurality would abridge this legitimate state interest to a degree that we find unacceptable,” and (2) “it would occasion the additional difficulty of forcing state and federal judges to decide on an ad hoc basis which publications address issues of ‘general or public interest’ and which do not — to determine, in the words of Mr. Justice Marshall, ‘what information is relevant to self-government.’ ” Id. at 346, 94 S.Ct. at 3010 , 41 L.Ed.2d at 809 (quoting Rosen

1999The Court disapproved of such an extension on two grounds: (1) “[t]he extension of the New York Times test proposed by the Rosenbloom plurality would abridge this legitimate state interest to a degree that we find unacceptable,” and (2) “it would occasion the additional difficulty of forcing state and federal judges to decide on an ad hoc basis which publications address issues of ‘general or public interest’ and which do not — to determine, in the words of Mr. Justice Marshall, ‘what information is relevant to self-government.’ ” Id. at 346, 94 S.Ct. at 3010 , 41 L.Ed.2d at 809 (quoting Rosen

21974–1999
Beckley Newspapers Corp. v. Hanks green
scotus · 1967
2 sentences

1977Beckley Newspapers v. Hanks, supra, 389 U.S. at 82 , 88 S.Ct. 198 .

1977Beckley Newspapers v. Hanks, supra, 389 U.S. at 82 , 88 S.Ct. 198 .

21974–1977
Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty. green
scotus · 1968
2 sentences

2011In Pickering , the Court expressly declined to adopt the New York Times standard as the test to apply to government-employee speech on public matters because of the difficulty in applying a general standard to the “enormous variety of fact situations” in which public employees speak to the dismay of their employers. 391 U.S. at 569 , 88 S.Ct. 1731 .

2011In Pickering , the Court expressly declined to adopt the New York Times standard as the test to apply to government-employee speech on public matters because of the difficulty in applying a general standard to the “enormous variety of fact situations” in which public employees speak to the dismay of their employers. 391 U.S. at 569 , 88 S.Ct. 1731 .

12011–2011
Herbert v. Lando green
scotus · 1979
2 sentences

1996"Realistically, some error is inevitable; and the difficulties of separating fact from fiction convinced the Court in New York Times, Butts, Gertz [v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974)] and similar cases to limit liability to instances where some degree of culpability is present in order to eliminate the risk of undue self-censorship and the suppression of truthful material." - Herbert v. Lando, 441 U.S. 153, 171-172 , 99 S.Ct. 1635, 1646-1647 , 60 L.Ed.2d 115 (1979). "[Elrroneous statement is inevitable in free debate, and . must be protected if the free

1996"Realistically, some error is inevitable; and the difficulties of separating fact from fiction convinced the Court in New York Times, Butts, Gertz [v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974)] and similar cases to limit liability to instances where some degree of culpability is present in order to eliminate the risk of undue self-censorship and the suppression of truthful material." - Herbert v. Lando, 441 U.S. 153, 171-172 , 99 S.Ct. 1635, 1646-1647 , 60 L.Ed.2d 115 (1979). "[Elrroneous statement is inevitable in free debate, and . must be protected if the free

11996–1996
Time, Inc. v. Pape green
scotus · 1971
2 sentences

1996In the area of free speech, such cases are to be anticipated: The statement in this case represents the sort of inaccuracy that is commonplace in the forum of robust debate to which the New York Times rule applies. 401 U.S. at 292, 91 S.Ct. at 640 [citing Time, Inc. v. Pape, 401 U.S. 279 , 91 S.Ct. 633 , 28 LEd.2d 45 (1971)].

1996In the area of free speech, such cases are to be anticipated: The statement in this case represents the sort of inaccuracy that is commonplace in the forum of robust debate to which the New York Times rule applies. 401 U.S. at 292, 91 S.Ct. at 640 [citing Time, Inc. v. Pape, 401 U.S. 279 , 91 S.Ct. 633 , 28 LEd.2d 45 (1971)].

11996–1996
Le Conté Cosmetics, Inc. v. J. B. Williams Co. green
scotus · 1976
1 sentence

1991Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc., (1974), 162 Ind.App. 671, 680 , 321 N.E.2d 580, 586 , cert. denied (1975), 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 .

11991–1991
Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc. green
scotus · 1976
1 sentence

1991Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc., (1974), 162 Ind.App. 671, 680 , 321 N.E.2d 580, 586 , cert. denied (1975), 424 U.S. 913 , 96 S.Ct. 1112 , 47 L.Ed.2d 318 .

11991–1991
Hotchner v. Castillo-Puche green
nysd · 1975
1 sentence

1978If 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.” *565 In Hotchner v. Castillo-Puche, supra, it was stated: “Principles applicable to summary judgment motions generally, are applicable to such motions when made in a defamation action.” 404 F. Supp. at 1050 .

11978–1978
State Ex Rel. Lyon v. City Council of Augusta neutral
sc · 1911
2 sentences

1977Beckley Newspapers v. Hanks, supra, 389 U.S. at 82 , 88 S.Ct. 198 .

1977Beckley Newspapers v. Hanks, supra, 389 U.S. at 82 , 88 S.Ct. 198 .

11977–1977
Rosenblatt v. Baer green
scotus · 1966
2 sentences

1974A test was developed for ascertaining the identity of a “public official” within the New York Times standard: “[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs.” Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . .

1974A test was developed for ascertaining the identity of a “public official” within the New York Times standard: “[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs.” Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . .

11974–1974
Grayson v. Curtis Publishing Co. green
wash · 1967
2 sentences

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11974–1974
Miami Herald Publishing Co. v. Tornillo green
scotus · 1974
2 sentences

1974When the public official or public figure is a minor functionary, or has left the position that put him in the public eye, see Rosenblatt v. Baer, supra , the argument loses all of its force." 403 U.S. at 46 , 91 S.Ct. at 1821 . [6] The United States Supreme Court's recent decision in Miami Herald Publishing Co. v. Tornillo (1974), 418 U.S. 241 , 94 S.Ct. 2831 , 41 L.Ed.2d 730 , which held Florida's right-to-reply statute constitutionally invalid, does not foreclose legislative creation of a limited right of action to compel retraction of libelous statements.

1974When the public official or public figure is a minor functionary, or has left the position that put him in the public eye, see Rosenblatt v. Baer, supra , the argument loses all of its force." 403 U.S. at 46 , 91 S.Ct. at 1821 . [6] The United States Supreme Court's recent decision in Miami Herald Publishing Co. v. Tornillo (1974), 418 U.S. 241 , 94 S.Ct. 2831 , 41 L.Ed.2d 730 , which held Florida's right-to-reply statute constitutionally invalid, does not foreclose legislative creation of a limited right of action to compel retraction of libelous statements.

11974–1974
Rose v. Koch green
minn · 1967
2 sentences

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11974–1974
Arber v. Stahlin neutral
michctapp · 1968
2 sentences

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11974–1974
Evening News Ass'n v. Arber green
scotus · 1970
2 sentences

1974See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash. 2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970), (policeman and fireman running for election to a municipal health and safety board); Arber v. Stahlin (1968), 10 Mich.App. 181 , 159 N.W.2d 154 , cert. denied, 397 U.S. 924 ; 90 S.Ct. 927 , 25 L.Ed.2d 103 (1970) (republican party volunteer workers and precinct delegates); Rose v. Koch (1967), 278 Minn. 235 , 154 N.W.2d 409 (a university professor who was both a noted author and a former state legislator at the time of publication); Grayson v. Curt

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11974–1974
Gordon v. Spunt green
scotus · 1970
2 sentences

1974See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash. 2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970), (policeman and fireman running for election to a municipal health and safety board); Arber v. Stahlin (1968), 10 Mich.App. 181 , 159 N.W.2d 154 , cert. denied, 397 U.S. 924 ; 90 S.Ct. 927 , 25 L.Ed.2d 103 (1970) (republican party volunteer workers and precinct delegates); Rose v. Koch (1967), 278 Minn. 235 , 154 N.W.2d 409 (a university professor who was both a noted author and a former state legislator at the time of publication); Grayson v. Curt

1974NOTES [1] A test was developed for ascertaining the identity of a "public official" within the New York Times standard: "[T]hose among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of public and governmental affairs." Rosenblatt v. Baer (1966), 383 U.S. 75, 85 , 86 S.Ct. 669, 676 , 15 L.Ed.2d 597 . [2] See, e.g., Tilton v. Cowles Publishing Co. (1969), 76 Wash.2d 707 , 459 P.2d 8 , cert. denied 399 U.S. 927 , 90 S.Ct. 2238 , 26 L.Ed.2d 792 (1970) (policeman and fireman running for election to a munici

11974–1974

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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