This is an adapted excerpt from the March 10 episode of “The Rachel Maddow Show.”
It started with an advertisement in The New York Times. On March 29, 1960, the paper ran a full-page ad soliciting donations for Martin Luther King Jr. and for the college students in the South who were fighting segregation.
As Enrich described, the Sullivan decision “helped usher in a new age of American journalism.”
The fundraising appeal, entitled “Heed Their Rising Voice,” listed numerous ways in which the students were allegedly being harassed and terrorized. It also accused Southern officials of committing acts of violence and intimidation and violating the U.S. Constitution.
Soon, L.B. Sullivan, a city commissioner in Montgomery, Alabama, one of the cities mentioned in the ad, filed a lawsuit against The New York Times, accusing the paper of libel. Although he was not named in the ad, Sullivan claimed the Times had defamed him — a Southern official — because, he said, some details in the ad were exaggerated or incorrect. At the time, a headline in the local Montgomery paper summed it up this way: “State Finds Formidable Legal Club To Swing at Out-of-State Press.”
In his new book, “Murder the Truth: Fear, the First Amendment and a Secret Campaign to Protect the Powerful,” New York Times reporter David Enrich describes what happened next:
Sullivan’s lawsuit went to trial in the Montgomery courtroom of Judge Walter Jones, who maintained segregated seating, was a devout promoter of all things Confederacy, and believed in what he called “white man’s justice.” … As the Sullivan trial was about to get underway, some prospective jurors showed up to court in Confederate costumes, toting pistols … It took the jurors barely two hours to return a verdict against the Times. The newspaper was ordered to pay Sullivan $500,000. It was the largest libel judgment in the state’s history.
“For racist Southerners, this was the equivalent of a green light,” Enrich writes. “The courts could be used to scare the press into silent submission … The Times, fearing a tidal wave of litigation, barred its reporters from setting foot in Alabama, and its lawyers urged staff members not to write articles about the state’s racism.”
But that was not the end. The Times eventually got its case with Sullivan before the United States Supreme Court. And in 1964, the Supreme Court surprised everybody with a landmark, unanimous decision that would change journalism in this country forever.
In the simplest terms, the court ruled that there cannot be free speech and a free press if news outlets can be sued into oblivion over mistakes or good-faith errors. The court established a new standard: A public figure suing a media outlet for libel would have to prove that the outlet knowingly lied, or acted with reckless disregard for the truth.








