Legal Opinion · Concurrence

KARK-TV v. Simon

Supreme Court of Arkansas

Decided September 12, 1983No. 83-47Published

1ConcurrenceRobert H. Dudley, Justice

The plaintiffs, who are two private individuals, proved that the defendant publisher did not exercise ordinary care in the redaction of the statement and the editing of the videofilm and, as a result, they were defamed by the false broadcast. The plaintiffs did not prove that the defendant acted with actual malice toward them. Consequently, the defendant was liable for compensatory, or actual, damages suffered by the plaintiffs but was not liable for punitive, or punishment, damages. Even so, on the ground of proof of punitive damages, the defamed plaintiffs were allowed to prove that the…

2Cases cited12 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  4. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971
  5. Hutchinson v. ProxmireSupreme Court of the United States · 1979

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