1. The First Amendment and False Light The constitutional
defense to damage actions is a comparatively recent event in
First Amendment law. In 1964, the Supreme Court ruled in New
York Times v. Sullivan, 376 U.S. 54 (1964) that a public
official may not recover damages for a defamatory falsehood
relating to his official conduct unless he proves with
convincing clarity that the statement is made with actual
malice. The Court defined actual malice as the knowledge that
the statement is false, or the "reckless disregard" of its truth
or falsity. Later decisions expanded the defense to include
libel actions brought by "public figures." Curtis Publishing Co.
v. Butts, 388 U.S. 130 (1967); Associated Press v. Walker, 388
U.S. 130 (1967). A plurality of the Court in 1971 appeared to
extend the First Amendment protection to any article or
broadcast of public interest or concern, regardless of the
public figure status of the plaintiff. Rosenbloom v. Metromedia,
Inc., 403 U.S. 29 (1971). However, the expansion of First