At the height of the civil rights movement, The New York Times ran a full page advertisement entitled “Heed Their Rising Voices.” The advertisement detailed police efforts in Montgomery, Alabama to suppress the nonviolent civil rights demonstrations being carried on there by thousands of college students. The Police Commissioner of Montgomery, L. B. Sullivan, filed a lawsuit against The New York Times, alleging that he had been libeled by information carried in the advertisement. This was true, he argued, despite the fact that he was never mentioned by name. “New York Times Co. v. Sullivan, 376 U.S. 254 (U. S. Sup. Ct.), 1964”
Should the court use the actual malice test in this case to determine whether the newspaper libeled the commissioner? Explain your answer. Citing laws or statements from people involved in the case can help your answer.