Florida state court grants $100,000 libel claim for the respondent; affirmed, Firestone v. Time, Inc., 305 So. 2d 172 (Fla. 1974); cert. granted, 421 U.S. 909 (1975).
Holding
Mary Firestone can collect libel damages from Time, Inc., because she was not a public figure. She had no special prominence in societal affairs, nor did she thrust herself into a controversy to influence its resolution.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinions
Majority
Rehnquist, joined by Burger, Stewart, Blackmun, Powell
Concurrence
Powell, joined by Stewart
Dissent
Brennan
Dissent
White
Dissent
Marshall
Stevens took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Amend. I; U.S. Const. Amend. XIV
Time, Inc. v. Firestone, 424 U.S. 448 (1976), was a U.S. Supreme Court case concerning defamation suits against public figures.
Contents
1Background
2Court cases
3Decision
4See also
5References
6External links
Background[edit]
Mary Alice Firestone was married to Russell A. Firestone, Jr., an heir to the Firestone Tire and Rubber Company family fortune. Mary filed for divorce, and Russell submitted a counterclaim on the grounds of extreme cruelty and adultery. The judge granted the divorce but discounted much of the evidence concerning extramarital affairs. Nevertheless, Time, Inc., publisher of the weekly news magazine Time, ran an article one week after the divorce was granted, mentioning the alleged affairs. In the "Milestones" section of Time, the news of the Firestones’ divorce was published as follows: "DIVORCED. By Russell A. Firestone Jr., 41, heir to the tire fortune: Mary Alice Sullivan Firestone, 32, his third wife; a onetime Palm Beach schoolteacher; on grounds of extreme cruelty and adultery; after six years of marriage, one son; in West Palm Beach, Fla. The 17-month intermittent trial produced enough testimony of extramarital adventures on both sides, said the judge, 'to make Dr. Freud's hair curl.'”[1]
Following the publication, Mary Firestone filed suit in a Florida state court against Time, Inc., seeking $100,000 in damages for libel.
Court cases[edit]
Time alleged that Mary was a public figure and could not recover damages based on the ruling of New York Times Co. v. Sullivan (1964), which protected media from liability in such suits except in cases where there is knowledge of falsity or a reckless disregard for truth.[2] Both the state court and Florida Supreme Court ruled that Mary was not a public figure, using language defined in Gertz v. Robert Welch, Inc. (1974).[3]
Decision[edit]
In a 6-2 vote, Justice William H. Rehnquist wrote the majority opinion vacating the lower judgment and remanding. The Supreme Court held that the actual malice standard for media reports on public figures did not apply. Firestone was not a public figure as defined by prior precedent. The Court also held the Florida judgment invalid because the court awarded damages without determining fault. Justice Lewis Powell wrote a concurrence, stating that the ultimate question is whether Time exercised reasonably prudent care in light of the ambiguous divorce decree. Justice Potter Steward joined in the concurrence.
See also[edit]
List of United States Supreme Court cases
List of United States Supreme Court cases by the Burger Court
List of United States Supreme Court cases involving the First Amendment
List of United States Supreme Court cases, volume 424
Florida Star v. B. J. F. From Wikipedia, the free encyclopedia Jump to navigation Jump to search United States Supreme Court case Florida Star v. B. J. F. Supreme Court of the United States Argued March 21, 1989 Decided June 21, 1989 Full case name The Florida Star v. B. J. F. Citations 491 U.S. 524 ( more ) 109 S. Ct. 2603; 105 L. Ed. 2d 443; 1989 U.S. LEXIS 3120; 57 U.S.L.W. 4816; 16 Media L. Rep. 1801 Prior history The Florida Star v. B.J.F., 530 So.2d 286 (1988) Supreme Court of Florida; Florida Star v. B.J.F., 499 So.2d 883 (1986) Fla. Dist. Court of Appeals Holding Florida Stat. § 794.03 is unconstitutional to the extent it makes the truthful reporting of information that was a matter of public record unlawful, as it violates the First Amendment. Court membership Chief Justice William Rehnquist Associate Justices William J. Brennan Jr. · Byron White Thurgood Marshall · Harry Blac...
Danny Elfman From Wikipedia, the free encyclopedia Jump to navigation Jump to search Danny Elfman Elfman at the 2010 San Diego Comic-Con Born Daniel Robert Elfman ( 1953-05-29 ) May 29, 1953 (age 65) Los Angeles, California, U.S. Spouse(s) Bridget Fonda ( m. 2003) Children 1 Musical career Genres Rock [1] ska [2] new wave film music video game music Occupation(s) Composer, singer, songwriter, record producer Instruments Trombone guitar percussion vocals keyboards [3] Years active 1972–present Associated acts Oingo Boingo James Newton Howard Daniel Robert Elfman (born May 29, 1953) is an American composer, singer, songwriter, and record producer. Elfman first became known for being the lead singer and songwriter for the band Oingo Boingo from 1974 to 1995. He is well known for scoring films and television shows, particularly his frequent collabora...
Unincorporated community in Oklahoma, United States Lugert, Oklahoma Unincorporated community Foundations from the town of Lugert at the bottom of Lake Altus-Lugert Lugert, Oklahoma Location within the state of Oklahoma Coordinates: 34°53′45″N 99°16′31″W / 34.89583°N 99.27528°W / 34.89583; -99.27528 Coordinates: 34°53′45″N 99°16′31″W / 34.89583°N 99.27528°W / 34.89583; -99.27528 Country United States State Oklahoma County Kiowa Time zone UTC-6 (Central (CST)) • Summer (DST) UTC-5 (CDT) GNIS feature ID 1100597 Lugert is an unincorporated community in Kiowa County, Oklahoma. [1] The town of Lugert was founded in 1901 on 80 acres (320,000 m 2 ). In the town, there was a general store that housed the Post office and sold dry goods, school supplies, groceries, harnesses, axes and much more. It was named for Frank Lugert, who had moved to the area in 1898. Lugert owned land where the town was sited and also owned the general st...
