Gertz v. Welch, Inc

In Gertz v. Welch, Inc., 418 U.S. 323 (1974), Elmer Gertz, a reputable attorney, was hired by the family of a murder victim to represent them in civil litigation against the murderer, a Chicago policeman. Gertz, 418 U.S. at 325-26. In addition to being a reputable attorney, Gertz was well known in some circles; "he had long been active in community and professional affairs." He had "served as an officer of local civic groups and of various professional organizations, and had published several books and articles on legal subjects." Gertz, 418 U.S. at 351. In his capacity as counsel for the family, Gertz attended the coroner's inquest into the victim's death and initiated actions for damages, but he neither discussed the matter with the press nor played any part in the criminal proceedings. Id. Notwithstanding Gertz's remote connection with the prosecution of the murderer, the American Opinion, a monthly outlet for the views of the John Birch Society, published an article entitled "Frame-UP" in which it portrayed Gertz as the architect of a frame-up of Chicago policemen. Id. 326. Gertz sued the owner of the American Opinion for defamation in the United States District Court for the Northern District of Illinois and obtained a $ 50,000 jury verdict which was subsequently set aside by the district court. Id. 329. On appeal, the Court of Appeals for the Seventh Circuit affirmed the decision of the district court because the court of appeals concluded that the New York Times standard applied to any publication or broadcast about an issue of significant public interest, without regard to the position, fame, or anonymity of the person defamed. Id. 331. The Supreme Court granted certiorari and reversed. In doing so, the Gertz court instructed: Hypothetically, it may be possible for someone to become a public figure through no purposeful action of his own, but the instances of truly involuntary public figures must be exceedingly rare. For the most part those who attain this status have assumed roles of especial prominence in the affairs of society. Some occupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. In either event, they invite attention and comment. Id. 345 .