Henry v. Collins Henry v. Pearson, s. 89
| Decision Date | 29 March 1965 |
| Docket Number | 90,Nos. 89,s. 89 |
| Parties | Aaron E. HENRY v. Benford C. COLLINS. Aaron E. HENRY v. Thomas H. PEARSON |
| Court | U.S. Supreme Court |
Robert L. Carter, Barbara A. Morris, Jack H. Young and Frank D. Reeves, for petitioner.
W. O. Luckett, for respondents.
The petitions for certiorari are granted. The judgments are reversed.
After petitioner's arrest on a charge of disturbing the peace, he issued a statement to the effect that this arrest was the result of 'a diabolical plot,' in which respondents, the County Attorney and Chief of Police of Clarksdale, were implicated. Respondents brought suits for libel and obtained jury verdicts. The Supreme Court of Missis- sippi affirmed. Miss., 158 So.2d 28; Miss., 158 So.2d 695.
The following instructions requested by the respondents, approved by the trial judge, were read to the jury:
'The court instructs the jury for the plaintiff that malice does not necessarily mean hatred or ill will, but that malice may consist merely of culpable recklessness or a wilful and wanton disregard of the rights and interests of the person defamed.'
The jury, was also instructed, at respondents' request, that
The jury might well have understood these instructions to allow recovery on a showing of intent to inflict harm, rather than intent to inflict harm through falsehood. See Garrison v. Louisiana, 379 U.S. 64, 73, 85 S.Ct. 209, 215, 13 L.Ed.2d 125. 'The constitutional guarantees * * * (prohibit) a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made * * * with knowledge that it was false or with reckless disregard of whether it was false or not.' New York Times Co. v. Sullivan, 376 U.S. 254, 279—280, 84 S.Ct. 710, 725—726, 11 L.Ed.2d 686.
For the reasons set out in their respective concurring ...
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...York Times to nonmedia defendants. See New York Times, 376 U.S., at 254, n., 286, 84 S.Ct., at 710, n., 729; Henry v. Collins, 380 U.S. 356, 85 S.Ct. 992, 13 L.Ed.2d 892 (1965); Garrison v. Louisiana, 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964). And this Court has made plain that the o......
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