Gertz v. Robert Welch, Inc.

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In Gertz v. Robert Welch, Inc., 418 U.S. 323, 342 (1974), the U.S. Supreme Court required, in accordance with the First Amendment, a standard of knowing falsity or reckless disregard in order for defamation recovery by public figures, including those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved."

"Mere proof of failure to investigate, without more, cannot establish reckless disregard for the truth." 418 U.S. at 332.

As to state standards for defamation, the Court in Gertz held that "so long as they do not impose liability without fault, the States may define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehood injurious to a private individual." Id. at 347.

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