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· 7/18/1969

Barry M. Goldwater v. Ralph Ginzburg, Warren Boroson, and Factmagazine, Inc.

Citations

  • 414 F.2d 324
  • 1 Media L. Rep. (BNA) 1737
  • 1969 U.S. App. LEXIS 11425

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing constitutional “actual malice” standard for defamation claims brought by “public figure” plaintiffs
  • The defendant wrote that presidential candidate was mentally ill with knowledge that the statement was false.
  • New York Times established clear and convincing evidence as the burden of proof necessary only for actual malice, without expressly altering the burden of proof of other elements of libel, including falsity
  • “There is no doubt that evidence of negligence, of motive and of intent may be adduced for the purpose of establishing, by cumulation and by appropriate inferences, the fact of a defendant’s recklessness or of his knowledge of falsity.”
  • “There is no doubt that evidence of negligence, of motive and of intent may be adduced for the purpose of establishing, by cumulation and by appropriate inferences, the fact of a defendant's recklessness or of his knowledge of falsity.”
  • suggesting a preponderance of the evidence standard

Source: CourtListener parenthetical corpus (CC0).

Judges: Waterman, Smith, Feinberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.