Time, Inc. v. Pape

In Time, Inc. v. Pape, 401 U.S. 279 (1971) Time Magazine reported on a federal commission's study of police brutality. The study stated in essence that allegations in specific cases demonstrated a problem that demanded discussion, thus encouraging the reader to believe that the allegations were probably true while stressing that they were only allegations -- a statement the Supreme Court said could "fairly be characterized as extravagantly ambiguous." Id. at 287. In its story, Time set out some of the circumstances described in the study but did not state that they were merely allegations. One officer mentioned in the story sued. The trial court directed a verdict for the defendant, but the court of appeals reversed. The Supreme Court upheld the trial court, concluding: Time's omission of the word "alleged" amounted to the adoption of one of a number of possible rational interpretations of a document that bristled with ambiguities. The deliberate choice of such an interpretation, though arguably reflecting a misconception, was not enough to create a jury issue of "malice" under New York Times. Id. at 290.