The War On News

A record of government actions against journalism and fact-based reporting, from the first press laws to today

Incident

United States: Montgomery, Alabama commissioner sues The New York Times for libel over a civil rights advertisement

United StatesRSF 2026 rank: 64th of 180

Engraving of an empty press briefing room with a lectern and rows of chairs

L. B. Sullivan, an elected Montgomery, Alabama city commissioner who supervised the police department, sued The New York Times for libel over a 1960 civil rights advertisement and won a $500,000 jury verdict. On March 9, 1964, the Supreme Court of the United States reversed the judgment, ruling that a public official cannot recover libel damages over criticism of official conduct without proving the statement was made with actual malice.123

What happened

L. B. Sullivan, the elected Commissioner of Public Affairs for the city of Montgomery, Alabama, supervised the city's police department. In 1960, The New York Times published a full-page advertisement soliciting funds for the civil rights movement that described police actions against demonstrators supporting the Reverend Martin Luther King Jr. Sullivan brought a civil libel action against the newspaper and four individual petitioners in the Circuit Court of Montgomery County, testifying that any description of police action reflected on him personally. Under Alabama law, Sullivan needed only to show the advertisement contained errors that could have harmed his reputation; the jury awarded him $500,000, the full amount he sought, and the Supreme Court of Alabama affirmed. The New York Times asked the Supreme Court of the United States, the country's highest court, to review the judgment. On March 9, 1964, the Court ruled unanimously in New York Times Co. v. Sullivan that the Constitution's guarantees of speech and press bar a public official from recovering libel damages over criticism of official conduct unless the official proves the statement was made with actual malice, meaning with knowledge it was false or with reckless disregard for the truth. The Court reversed the Alabama judgment and remanded the case.1245673

What reason was given

Stated justification

Sullivan testified that because his duties included supervision of the police department, any published description of police action reflected on him personally, and Alabama law let him recover damages without proving the advertisement's errors were made knowingly or recklessly.45

What changed for reporting

The Supreme Court's ruling required any public official suing over criticism of official conduct to prove the challenged statement was made with actual malice, meaning with knowledge it was false or with reckless disregard for the truth.6

Timeline

1960

1960
United States: Montgomery, Alabama commissioner sues The New York Times for libel over a civil rights advertisement

Who acted

NameRole in this incidentOffice at the time
L. B. SullivanotherCommissioner of Public Affairs, City of Montgomery, Alabama

Outlets and journalists

NameKindRelation
The New York Timesoutletaffected

Sources

  1. New York Times Co. v. Sullivan, 376 U.S. 254 (1964)Cornell Law School, Legal Information Institute, 1964-03-09, primary. Source record
  2. New York Times Co. v. Sullivan (1964)The First Amendment Encyclopedia, Middle Tennessee State University, 2023-08-06, reporting. Source record

Claims and evidence

Each numbered claim quotes the source it rests on.

  1. Sullivan's complaint arose from a full-page advertisement carried in The New York Times on March 29, 1960, and he filed his libel suit later that year.Respondent's complaint alleged that he had been libeled by statements in a full-page advertisement that was carried in the New York Times on March 29, 1960.New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Cornell Law School, Legal Information Institute, 1964-03-09.Claim 821, checked 2026-09-26.
  2. A Montgomery County jury awarded Sullivan $500,000, the full amount he sought from The New York Times and four individual petitioners, and the Supreme Court of Alabama affirmed the judgment.A jury in the Circuit Court of Montgomery County awarded him damages of $500,000, the full amount claimed, against all the petitioners, and the Supreme Court of Alabama affirmed.New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Cornell Law School, Legal Information Institute, 1964-03-09.Claim 822, checked 2026-09-26.
  3. The lawsuit was filed by L. B. Sullivan, an elected city commissioner in Montgomery, Alabama, whose duties included supervision of the local police.The lawsuit was filed by L. B. Sullivan, an elected city commissioner in Montgomery, Alabama, whose duties included supervision of the local police.New York Times Co. v. Sullivan (1964), The First Amendment Encyclopedia, Middle Tennessee State University, 2023-08-06.Claim 827, checked 2026-09-26.
  4. Sullivan testified that because his duties included supervising the police department, he considered any description of police conduct a reflection on him personally.When it describes police action, certainly I feel it reflects on me as an individual.New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Cornell Law School, Legal Information Institute, 1964-03-09.Claim 823, checked 2026-09-26.
  5. Under Alabama law as it stood before the Supreme Court's ruling, Sullivan needed only to show the advertisement contained errors that could have harmed his reputation.Under Alabama law, Sullivan only needed to prove that there were mistakes and that they likely harmed his reputation.New York Times Co. v. Sullivan (1964), The First Amendment Encyclopedia, Middle Tennessee State University, 2023-08-06.Claim 824, checked 2026-09-26.
  6. The Supreme Court held that a public official may not recover libel damages over criticism of official conduct unless the official proves the statement was made with actual malice, that is, with knowledge it was false or with reckless disregard for the truth.unless he proves that the statement was made with 'actual malice'—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Cornell Law School, Legal Information Institute, 1964-03-09.Claim 825, checked 2026-09-26.
  7. The Supreme Court of the United States reversed the judgment of the Supreme Court of Alabama and remanded the case for further proceedings.The judgment of the Supreme Court of Alabama is reversed and the case is remanded to that court for further proceedings not inconsistent with this opinion.New York Times Co. v. Sullivan, 376 U.S. 254 (1964), Cornell Law School, Legal Information Institute, 1964-03-09.Claim 826, checked 2026-09-26.