Greenbelt Cooperative Publishing Assn., Inc. v. Bresler
Encyclopedia
Greenbelt Cooperative Publishing Assn., Inc. v. Bresler, 398 U.S. 6 (1970) was a United States Supreme Court case, which held that using the word "blackmail" in a newspaper article "was no more than rhetorical hyperbole" and that finding such usage as libel "would subvert the most fundamental meaning of a free press" guaranteed by the First Amendment to the United States Constitution
. The ruling also touched on the plaintiff's status as a public figure.
, a reporter for the Greenbelt News Review
of Greenbelt, Maryland
, covered a 1965 city council hearing in a case where developer Charles S. Bresler was trying to obtain variances to build a high-density housing development on land he owned while the city was seeking to purchase a parcel owned by Bresler that would be the site of a new high school. Bresler indicated that he would be willing to sell the property the city wanted as long as he received the variances he was seeking. Residents at the hearing were critical of the deal and of the way that Bresler was using the leverage he had in delaying the sale of the proposed high school property to obtain the right to build more densely on the properties he owned. An article written by Sucher in the October 14, 1965 issue of the Greenbelt News Review reporting on the council meeting quoted a resident saying that "It seems that this is a slight case of blackmail
" continuing to state that "the word was echoed by many speakers from the audience" a charge that was rejected in the article by a city councilmember who said that this was not blackmail, but was part of a negotiations process that was "a two-way street". Bresler filed a lawsuit in Prince George's County circuit court claiming that the allegations and use of the word "blackmail" constituted libel, and a jury found in his favor, awarding him $5,000 in compensatory damages and $12,500 in punitive damages. The judgment was affirmed by the Maryland Court of Appeals
and certiorari
was granted by the U.S. Supreme Court.
, was a public figure
as defined by New York Times Co. v. Sullivan
and that the standard that the plaintiff would have to satisfy would be to show that the term was used with malice, with knowledge that the claim was false or in reckless disregard for the truth. The Supreme Court found that the lower court judge's instructions were incorrect in setting a standard for making a verdict. The court found no dispute with the contention that the descriptions in Sucher's article were accuately reported and that the word "blackmail" had been used. The opinion written by Associated Justice Potter Stewart
found that "even the most careless reader must have perceived that the word was no more than rhetorical hyperbole" and that "It is simply impossible to believe that a reader who reached the word 'blackmail' in either article would not have understood exactly what was meant" and that no reader would have interpreted the word in question to mean that Bresler had committed the criminal offense. To have ruled otherwise "would subvert the most fundamental meaning of a free press".
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. The ruling also touched on the plaintiff's status as a public figure.
Background
Dorothy SucherDorothy Sucher
Dorothy Sucher was an American author and psychotherapist who worked as a reporter at the Greenbelt News Review, where an article that she wrote that quoted critics of a developers calling his plans "blackmail" initially resulted in a $17,500 judgement against the paper. The U.S...
, a reporter for the Greenbelt News Review
Greenbelt News Review
The Greenbelt News Review was established in 1937 as a volunteer cooperative shortly after settlement of Greenbelt, Maryland, and was originally called The Cooperator...
of Greenbelt, Maryland
Greenbelt, Maryland
Greenbelt is a city in Prince George's County, Maryland, United States. Contained within today's City of Greenbelt is the historic planned community now known locally as "Old Greenbelt" and designated as the Greenbelt Historic District...
, covered a 1965 city council hearing in a case where developer Charles S. Bresler was trying to obtain variances to build a high-density housing development on land he owned while the city was seeking to purchase a parcel owned by Bresler that would be the site of a new high school. Bresler indicated that he would be willing to sell the property the city wanted as long as he received the variances he was seeking. Residents at the hearing were critical of the deal and of the way that Bresler was using the leverage he had in delaying the sale of the proposed high school property to obtain the right to build more densely on the properties he owned. An article written by Sucher in the October 14, 1965 issue of the Greenbelt News Review reporting on the council meeting quoted a resident saying that "It seems that this is a slight case of blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
" continuing to state that "the word was echoed by many speakers from the audience" a charge that was rejected in the article by a city councilmember who said that this was not blackmail, but was part of a negotiations process that was "a two-way street". Bresler filed a lawsuit in Prince George's County circuit court claiming that the allegations and use of the word "blackmail" constituted libel, and a jury found in his favor, awarding him $5,000 in compensatory damages and $12,500 in punitive damages. The judgment was affirmed by the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
and certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
was granted by the U.S. Supreme Court.
Holding
In 1970, the U.S. Supreme Court ruled 8–0 to overturn the lower court ruling. The majority found that Bresler, who served in another district as a member of the Maryland House of DelegatesMaryland House of Delegates
The Maryland House of Delegates is the lower house of the General Assembly, the state legislature of the U.S. state of Maryland, and is composed of 141 Delegates elected from 47 districts. The House chamber is located in the state capitol building on State Circle in Annapolis...
, was a public figure
Public figure
Public figure is a legal term applied in the context of defamation actions as well as invasion of privacy. A public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice...
as defined by New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
and that the standard that the plaintiff would have to satisfy would be to show that the term was used with malice, with knowledge that the claim was false or in reckless disregard for the truth. The Supreme Court found that the lower court judge's instructions were incorrect in setting a standard for making a verdict. The court found no dispute with the contention that the descriptions in Sucher's article were accuately reported and that the word "blackmail" had been used. The opinion written by Associated Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
found that "even the most careless reader must have perceived that the word was no more than rhetorical hyperbole" and that "It is simply impossible to believe that a reader who reached the word 'blackmail' in either article would not have understood exactly what was meant" and that no reader would have interpreted the word in question to mean that Bresler had committed the criminal offense. To have ruled otherwise "would subvert the most fundamental meaning of a free press".