what does the texas bill of rights guarantee
First Amendment to the United States Constitution
The Supreme Court 's ruling in New York Times Co. v. Sullivan ( 1964 ) fundamentally changed American defamation law . The case redefined the type of `` malice '' needed to sustain a libel case . Common law malice consisted of `` ill - will '' or `` wickedness '' . Now , a public officials seeking to sustain a civil action against a tortfeasor needed to prove by `` clear and convincing evidence '' that there was actual malice . The case involved an advertisement published in The New York Times indicating that officials in Montgomery , Alabama had acted violently in suppressing the protests of African - Americans during the civil rights movement . The Montgomery Police Commissioner , L.B. Sullivan , sued the Times for libel , stating that the advertisement damaged his reputation . The Supreme Court unanimously reversed the $500,000 judgment against the Times . Justice Brennan suggested that public officials may sue for libel only if the publisher published the statements in question with `` actual malice '' -- `` knowledge that it was false or with reckless disregard of whether it was false or not . '' In sum , the court held that `` the First Amendment protects the publication of all statements , even false ones , about the conduct of public officials except when statements are made with actual malice ( with knowledge that they are false or in reckless disregard of their truth or falsity ) . ''
The Supreme Court 's ruling in New York Times Co. v. Sullivan ( 1964 ) fundamentally changed American defamation law . The case redefined the type of `` malice '' needed to sustain a libel case . Common law malice consisted of `` ill - will '' or `` wickedness '' . Now , a public officials seeking to sustain a civil action against a tortfeasor needed to prove by `` clear and convincing evidence '' that there was actual malice . The case involved an advertisement published in The New York Times indicating that officials in Montgomery , Alabama had acted violently in suppressing the protests of African - Americans during the civil rights movement . The Montgomery Police Commissioner , L.B. Sullivan , sued the Times for libel , stating that the advertisement damaged his reputation . The Supreme Court unanimously reversed the $500,000 judgment against the Times . Justice Brennan suggested that public officials may sue for libel only if the publisher published the statements in question with `` actual malice '' -- `` knowledge that it was false or with reckless disregard of whether it was false or not . '' In sum , the court held that `` the First Amendment protects the publication of all statements , even false ones , about the conduct of public officials except when statements are made with actual malice ( with knowledge that they are false or in reckless disregard of their truth or falsity ) . ''