new york times co v sullivan held that there must be proof of
New York Times Co. v. Sullivan The Court held that a public official suing for defamation must prove that the statement in question was made with actual malice. That phrase refers to knowledge or reckless lack of investigation, rather than its ordinary meaning of malicious intent. In his concurring opinion, Justice Black explained, "'Malice,' even as defined by the Court, is an elusive, abstract concept, hard to prove and hard to disprove. The requirement that malice be proved provides at best an evanescent protection for the right critically to discuss public affairs and certainly does not measure up to the sturdy safeguard embodied in the First Amendment."
United States v. Alvarez United States v. Alvarez, 567 U.S. 709 (2012), is a United States Supreme Court case in which the Court struck down the Stolen Valor Act, a federal law that criminalized false statements about having a military medal. The law had been passed as an effort to stem instances where people falsely claimed to have earned the medal in an attempt to protect the "valor" of those who really had. While a 6-3 majority of the Supreme Court agreed that the law was unconstitutional under the First Amendment's free speech protections, it could not agree on a single rationale. Four justices concluded that a statement's falsity is not enough, by itself, to exclude speech from First Amendment protection. Another two justices concluded that while false statements were entitled to some protection, the Stolen Valor Act was invalid because it could have achieved its objectives in less restrictive ways.