|
Abstract
| Argument: |
Tuesday, December 3, 1985
|
| Decision: |
Monday, April 21, 1986 |
| Issues: |
First Amendment, Libel, Defamation |
|
Advocates
|
Facts of the Case
In a series of articles, the Philadelphia Inquirer accused Hepps of links to organized crime and of capitalizing on that connection to influence the state legislature. The Pennsylvania Supreme Court favored Hepps and held that the newspaper was obligated to prove its accusations true.
Question
Did the state supreme court's decision violate the First Amendment?
Conclusion
Yes. Relying on its reasoning in Gertz v. Robert Welch Inc. (1974), the Court reversed the state court's decision. The Gertz standard for evaluating potentially libelous speech required that "the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages."