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7 North Carolina opinions name it 2 courts 1980–2020 0 in the last five years
The cases below were cited by North Carolina 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.
| Case | Followed | Cited |
|---|---|---|
New York Times Co. v. Sullivangreen2 sentences2007The New York Times standard and its progeny are based upon our country's history of freedom of expression as evidenced by the First Amendment to the Constitution. "[D]ebate on public issues should be uninhibited, robust, and wide-open, and ... it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." New York Times, 376 U.S. at 270 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . 2007The New York Times standard and its progeny are based upon our country's history of freedom of expression as evidenced by the First Amendment to the Constitution. "[D]ebate on public issues should be uninhibited, robust, and wide-open, and ... it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." New York Times, 376 U.S. at 270 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . | 2 | 3 |
Gertz v. Robert Welch, Inc.green2 sentences2018Id. at 342 , 94 S.Ct. at 342 , 41 L.Ed. 2d at 807 . 2018Id. at 342 , 94 S.Ct. at 342 , 41 L.Ed. 2d at 807 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Masson v. New Yorker Magazine, Inc.
green
2 sentences2020As previously noted, unlike “malice” as defined by N.C.G.S. § 1D-5(5), “[a]ctual malice under the New York Times standard should not be confused with the concept of malice as an evil intent or a motive arising from spite or ill will.” Masson, 501 U.S. at 510–11 (citing Greenbelt Coop. 2020As previously noted, unlike “malice” as defined by N.C.G.S. § 1D-5(5), “[a]ctual malice under the New York Times standard should not be confused with the concept of malice as an evil intent or a motive arising from spite or ill will.” Masson, 501 U.S. at 510–11 (citing Greenbelt Coop. | 3 | 1994–2020 |
Greenbelt Cooperative Publishing Assn., Inc. v. Bresler
green
2 sentences2020Publ’g Assn., Inc. v. Bresler, 398 U.S. 6 (1970)). 2020Publ’g Assn., Inc. v. Bresler, 398 U.S. 6 (1970)). | 2 | 2020–2020 |
Beckley Newspapers Corp. v. Hanks
green
2 sentences1982In Beckley Newspapers Corp. v. Hanks, 389 U.S. 81 , 19 L.Ed. 2d 248 , 88 S.Ct. 197 (1967), a Clerk of Court alleged that he was libeled in editorials published during his reelection campaign which criticized his official conduct, and again, the Supreme Court applied the New York Times rule. 1982In Beckley Newspapers Corp. v. Hanks, 389 U.S. 81 , 19 L.Ed. 2d 248 , 88 S.Ct. 197 (1967), a Clerk of Court alleged that he was libeled in editorials published during his reelection campaign which criticized his official conduct, and again, the Supreme Court applied the New York Times rule. | 1 | 1982–1982 |
Curtis Publishing Co. v. Butts
green
2 sentences1982The Supreme Court held that the rule applies equally to criminal and civil libel suits, and that “The New York Times rule is not rendered inapplicable merely because an *435 official’s private reputation, as well as his public reputation, is harmed.” In Curtis Publishing Co. v. Butts, 388 U.S. 130 , 18 L.Ed. 2d 1094 , 87 S.Ct. 1975 (1967), reh. denied, 389 U.S. 889 , 19 L.Ed. 2d 197 , 198, 88 S.Ct. 11 , 12 (1967), the Supreme Court extended the application of the New York Times rule to include “public figures” as well as public officials. 1982The Supreme Court held that the rule applies equally to criminal and civil libel suits, and that “The New York Times rule is not rendered inapplicable merely because an *435 official’s private reputation, as well as his public reputation, is harmed.” In Curtis Publishing Co. v. Butts, 388 U.S. 130 , 18 L.Ed. 2d 1094 , 87 S.Ct. 1975 (1967), reh. denied, 389 U.S. 889 , 19 L.Ed. 2d 197 , 198, 88 S.Ct. 11 , 12 (1967), the Supreme Court extended the application of the New York Times rule to include “public figures” as well as public officials. | 1 | 1982–1982 |
Monitor Patriot Co. v. Roy
green
2 sentences1982Finally, in Patriot Co. v. Roy, 401 U.S. 265 , 28 L.Ed. 2d 35 , 91 S.Ct. 621 (1971), defendant published a column referring to plaintiff, a candidate in the New Hampshire Democratic Party primary for the U.S. Senate, as a “former small-time bootlegger.” The Court stated that it was unnecessary to characterize plaintiff as either a public figure or a public official, since, “That New York Times itself was intended to apply to candidates, in spite of the use of the more restricted “public official” terminology, is readily apparent from that opinion’s text and citations to case law.” *436 Given s 1982Finally, in Patriot Co. v. Roy, 401 U.S. 265 , 28 L.Ed. 2d 35 , 91 S.Ct. 621 (1971), defendant published a column referring to plaintiff, a candidate in the New Hampshire Democratic Party primary for the U.S. Senate, as a “former small-time bootlegger.” The Court stated that it was unnecessary to characterize plaintiff as either a public figure or a public official, since, “That New York Times itself was intended to apply to candidates, in spite of the use of the more restricted “public official” terminology, is readily apparent from that opinion’s text and citations to case law.” *436 Given s | 1 | 1982–1982 |
Starner v. Russell
green
1 sentence1982The Supreme Court held that the rule applies equally to criminal and civil libel suits, and that “The New York Times rule is not rendered inapplicable merely because an *435 official’s private reputation, as well as his public reputation, is harmed.” In Curtis Publishing Co. v. Butts, 388 U.S. 130 , 18 L.Ed. 2d 1094 , 87 S.Ct. 1975 (1967), reh. denied, 389 U.S. 889 , 19 L.Ed. 2d 197 , 198, 88 S.Ct. 11 , 12 (1967), the Supreme Court extended the application of the New York Times rule to include “public figures” as well as public officials. | 1 | 1982–1982 |
Dellinger v. Belk
green
1 sentence1980Dellinger v. Belk, 34 N.C. | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.