Walters v. Sanford Herald, Inc.

MARTIN, Judge.

The crucial question in this case is whether the plaintiff, a private individual, is entitled to recover damages based upon the publication of an alleged defamatory falsehood without alleging and showing fault on the part of the defendant publisher.

In Gertz v. Robert Welch, Inc., 418 U.S. 323, 347, 41 L.Ed. 2d 789, 809, 94 S.Ct. 2997, 3010 (1974), the Supreme Court of the United States established the following rule applicable to plaintiffs in libel actions who aré not public officials or public figures:

“We hold that, so long as they do not impose liability without fault, the…