3
Barry Goldwater and fact Magazine

The decision of the Supreme Court of the United States in New York Times v. Sullivan established a demanding standard for proving fault in libel cases involving public officials. In such cases the plaintiff must prove not only that the published material was false but also that it was published either with knowledge that the material was false or with reckless disregard for whether it was false or not. In trial the plaintiff must present evidence of such knowledge or recklessness with "convincing clarity" to the jury. A central question is how such evidence is to be secured. The jury is apparently being asked to evaluate the state of mind of the defendant as the process of publication was under way. The way in which such evidence can be developed is illustrated by the libel suit brought by Barry Goldwater, the widely known Republican senator from Arizona and Republican candidate for president of the United States in 1964, against publisher Ralph Ginzburg

-33-

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Errors, Lies, and Libel
Table of contents

Table of contents

  • Errors, Lies, and Libel *
  • Contents v
  • Foreword vii
  • Preface xiii
  • 1: The Problem 1
  • 2: Commissioner Sullivan and the New York Times 9
  • 3: Barry Goldwater and Fact Magazine 33
  • 4: Police Defame George Rosenbloom 60
  • 5: The Definitive Definition of a Public Person 78
  • 6: The Rules of Libel—beyond Comprehension 100
  • 7: Defamation Suits as Political Tools 122
  • 8: What to Do About Defamation 139
  • Selected Annotated Bibliography *
  • Annotated Case List 155
  • Selected Annotated Bibliography 167
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