Kernick v. Dardanell Press

Concurring Opinion by

Mr. Justice Roberts:

Contrary to the majority opinion, I do not believe that this case is controlled by New York Times v. Sullivan, 376 U.S. 254, 84 S. Ct. 710 (1964). Although the case clearly involves the alleged defamation of a public official, and although I am well aware that Times v. Sullivan requires such a plaintiff to prove that the libel was perpetrated with actual malice (i.e., with knowledge that the statement was false or with reckless disregard of whether it was false or not), nevertheless I wish to make it quite clear that Times v. Sullivan made no change in…