Legal Opinion

Journal-Gazette Co. v. Bandido's, Inc.

Indiana Supreme Court

Decided June 23, 1999No. 57S03-9709-CV-495PublishedCited by 104 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

In grappling with the right to freedom of speech provided by the First Amendment versus the right of individuals to be protected from attacks upon their reputations, the Court of Appeals determined that Bandido’s failed to prove by clear and convincing evidence that the Fort Wayne Journal-Gazette newspaper published a subheadline with actual malice. While we agree with the Court of Appeals’s conclusion, we write to hold that the actual malice standard of proof required in defamation cases involving matters of public or general concern applies not only…

Also in this document: Concurrence.

2Cases cited85 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  4. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  5. Roth v. United StatesSupreme Court of the United States · 1957

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3Cited by104 opinions

  1. Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County SheriffCourt of Appeals for the Seventh Circuit · 2003
  2. Eddie Trail and Katrinka Trail v. Boys and Girls Clubs of Northwest IndianaIndiana Supreme Court · 2006
  3. Daniel Brewington v. State of IndianaIndiana Supreme Court · 2014
  4. McIntosh v. Melroe Co.Indiana Supreme Court · 2000
  5. Cantrell v. MorrisIndiana Supreme Court · 2006

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