Bose Corporation v. Consumers Union of United States, Inc.

Consumers Union (Consumer Reports) (defendant) published an article that allegedly disparaged a sound system made by Bose Corporation (Bose) (plaintiff). Bose sued for product disparagement. The federal district court found Bose was a public figure and, relying heavily on the trial testimony of the article's author, held that Bose proved by clear and convincing evidence that Consumer Reports acted with actual malice. On appeal, the First Circuit conducted its own independent (de novo) review of the record rather than deferring to the district court's findings under the usual clearly-erroneous standard, and reversed, finding no actual malice. Bose appealed to the Supreme Court.