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Ollman v. Evans Et Al.

Citations: 471 U.S. 1127; 105 S. Ct. 2662; 11 Media L. Rep. (BNA) 2015; 53 U.S.L.W. 3837; 86 L. Ed. 2d 278; 1985 U.S. LEXIS 2049Docket: 84-1524

Court: Supreme Court of the United States; May 28, 1985; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

In the case of Bertell Ollman v. Rowland Evans and Robert Novak, the Supreme Court denied the petition for writ of certiorari, leaving in place the lower court's ruling. The case involved a libel suit filed by Ollman, a Marxist academic, against two columnists who criticized his professional status in a published article. The U.S. District Court granted summary judgment in favor of the respondents, a decision upheld by the D.C. Circuit Court of Appeals. The appellate court determined that the statements in question were protected by the First Amendment as opinions rather than factual assertions, thereby not meeting the defamation standard of 'actual malice' as defined in New York Times Co. v. Sullivan. Justice Rehnquist dissented, asserting that the statements could qualify as 'slander per se' due to their potential impact on Ollman's professional reputation. Despite the dissent, the court emphasized the importance of free expression and the marketplace of ideas over judicial intervention. The case highlights the legal complexities surrounding defamation and the balance between protecting reputations and upholding free speech rights as enshrined in the First Amendment.

Legal Issues Addressed

Defamation and the Requirement of Actual Malice

Application: The court concluded that Ollman could not demonstrate 'actual malice' as required by New York Times Co. v. Sullivan, leading to the dismissal of his libel suit.

Reasoning: The court concluded that the statement regarding Ollman's lack of professional status did not meet the legal criteria for defamation, specifically the requirement of demonstrating 'actual malice' as established in New York Times Co. v. Sullivan.

First Amendment Protections in Defamation Cases

Application: The court held that the statements made by the columnists were protected under the First Amendment, shielding them from defamation claims.

Reasoning: The D.C. Circuit Court of Appeals upheld the dismissal by a narrow margin, citing First Amendment protections that shielded the columnists' statements from defamation claims.

Opinion Versus Fact in Defamation Law

Application: The majority opinion determined that the columnists' statements were opinions, not facts, thereby not actionable under defamation law.

Reasoning: The majority of the appellate court's decision referenced a passage from Gertz v. Robert Welch, Inc., implying that the statement was merely opinion rather than fact.

Slander Per Se and Professional Reputation

Application: Justice Rehnquist argued that statements affecting professional reputation should be considered 'slander per se' and not require proof of special damages.

Reasoning: Justice Rehnquist, dissenting, criticized the appellate court's ruling, arguing that certain statements, particularly those affecting one's professional reputation, should be classified as 'slander per se' and not require proof of special damages.