New
York Times v. Sullivan:
The First Amendment "prohibits a
public official from recovering damages for a defamatory falsehood
relating to his official conduct unless he proves that the statement
was made with 'actual malice' -- that is, with knowledge that it was
false or with reckless disregard of whether it was false or not."
Gertz v. Welch:
"We hold that, so long as they do not
impose liability without fault, the States may define for themselves
the appropriate standard of liability for a publisher or broadcaster of
defamatory falsehood injurious to a private individual."
"[W]e hold that the States may not
permit recovery of presumed or punitive damages, at least when
liability is not based on a showing of knowledge of falsity or reckless
disregard for the truth."