Gertz v. Robert Welch, Inc.

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Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), is a U.S. Supreme Court decision which established that opinion isn't libel and actual malice is not necessary for defamation of private person if negligence is present.

The case is also important in that it held that states are free to impose liability for defamatory statements so long as they "do not impose liability without fault." This holding essentially means that strict liability for defamation is unconstitutional in the United States under the First Amendment; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule.

See also

• New York Times Co. v. Sullivan (1964), actual malice standard for press reporting about public figure to be libel
• Hustler Magazine v. Falwell (1988) parody of a public figure isn't libel