''Anderson v. Liberty Lobby, Inc.'', 477 U.S. 242 (1986), is a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...

case articulating the standard for a trial court to grant

summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of ...

. Summary judgment will lie when, taking all factual inferences in the non-movant's favor, there exists no genuine issue as to a material fact and the movant deserves judgment as a matter of law. Because courts almost always cite ''Liberty Lobby'' in their opinions for the standard regarding motions for summary judgment, ''Liberty Lobby'' is the most cited Supreme Court case.

Background

''The Investigator'', an investigative news magazine, published three articles about the

Liberty Lobby Liberty Lobby was a far-right think tank and lobby group founded in 1958 by Willis Carto. Carto was known for his promotion of antisemitic conspiracy theories, white nationalism, and Holocaust denial. The organization produced a daily five-mi ...

, calling the organization and its founder

Willis Carto Willis Allison Carto (July 17, 1926 – October 26, 2015) was an American far-right political activist. He described himself as a Jeffersonian and a populist, but was primarily known for his promotion of antisemitic conspiracy theories and ...

antisemitic, racist and Fascist. Liberty Lobby and Carto sued Investigator Publishing and its publisher, journalist Jack Anderson for

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...

. The defendants moved for summary judgment under the standard set by ''

New York Times Co. v. Sullivan ''New York Times Co. v. Sullivan'', 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the First Amendment to the U.S. Constitution's freedom of speech protections limit the ability of American public officials to sue for ...

'', which requires a plaintiff to prove with

clear and convincing evidence In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...

that a defamatory statement was made with

actual malice Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general pu ...

. The District Court ruled that ''The Investigator'' had duly researched its statements and granted the motion. Summary judgment was reversed on appeal with respect to some of the alleged defamatory statements, with the Court of Appeals stating that evidence need not be clear and convincing for the purpose of summary judgment. A majority of the Supreme Court held that when a "clear and convincing" standard applies, it applies as well to summary judgment. It vacated the Court of Appeals' ruling and remanded the case for further proceedings. Justices Rehnquist, Burger and (separately) Brennan dissented on the grounds that the Court's reasoning was too abstract to provide the necessary guidance to lower courts.

References

External links

* United States Supreme Court cases United States summary judgment case law 1986 in United States case law United States Supreme Court cases of the Burger Court {{SCOTUS-stub

Background

See also

References

External links