180 Ga. App. 486 - Miller v. Woods’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “does not necessarily extend to ill will, hatred or actions calculated to injure for this may run afoul of the freedom of speech protected by the First Amendment. Garrison v. Louisiana, 379 U. S. 64, 72 (85 SC 209, 13 LE2d 125) [(1964)]. Moreover, knowledge of falsity or reckless disregard of the truth may not be derived solely from the language of the publication itself. Williams v. Trust Co. of Ga., supra at pp. 55-56. Constitutional malice does not involve the motives of the publisher but is based upon his awareness of actual or probable falsity or his reckless disregard for possible falsity. Reckless disregard requires clear and convincing proof that [the Lake Park Post defendants were] aware of the likelihood [they were] circulating false information. New York Times Co. v. Sullivan, [supra]. Thus it is not sufficient to measure reckless disregard by what a reasonably prudent man would have done under similar circumstances nor whether a reasonably prudent man would have conducted further investigation. The evidence must show in a clear and convincing manner that [the Lake Park Post defendants] in fact entertained serious doubts as to the truth of [their] statements in the [paper]. Williams v. Trust Co. of Ga., supra at p. 55. . . . Such actual malice may not be presumed but is subject to being proven with convincing clarity. New York Times Co. v. Sullivan, supra at p. 284.”

   1 later decision quote this exact passage
   e.g. 264 Ga. App. 299 - Lake Park Post, Inc. v. Farmer