Legal Opinion · Concurrence
Whitcomb v. Nebraska State Education Association
Nebraska Supreme Court
Decided February 20, 1969No. 37014Published
1ConcurrenceSmith, J.
The Nebraska Bill of Rights, section 5, reads: “* * * in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.” Section 25-840, R. R. S. 1943, reads: “The truth * * * shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication.”
The district court refused to allocate risks of nonpersuasion in harmony with the statute. It instructed the jury that defendants were to carry the…
2Cases cited7 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- Beckley Newspapers Corp. v. HanksSupreme Court of the United States · 1967
- Wertz v. SprecherNebraska Supreme Court · 1908
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