Gertz v. Robert Welch, Inc.

Attorney Elmer Gertz (plaintiff), representing a family in a civil suit against a police officer criminally prosecuted for killing their son, was falsely accused by American Opinion magazine (defendant) of masterminding a conspiracy frame-up of the officer, based on claims the editor never attempted to verify. A jury awarded Gertz $50,000, but the district court granted judgment notwithstanding the verdict, applying New York Times v. Sullivan's actual-malice standard (requiring proof of knowing or reckless falsity) and finding Gertz couldn't meet it; the appellate court affirmed, and the Supreme Court granted certiorari.