'Fumbled Call: The Bear Bryant-Wally Butts Football Scandal That Split The Supreme...

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Court and Changed American Libel Law' by David E. Sumner.

In September 1962, UGA Athletics Director Wally Butts (who resigned as the program's Head Football Coach in December 1960) allegedly called Alabama Head Football Coach Bear Bryant twice in the week prior to the Crimson Tide hosting the Bulldogs and provided him information which helped Alabama defeat UGA 35-0:

https://www.law.com/dailyreportonline/2018/05/08/book-recalls-1960s-georgia-alabama-football-scandal-libel-case/?slreturn=20180408125826
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https://www.theindianalawyer.com/articles/47007-ball-state-prof-tackles-controversial-scotus-libel-decision-in-new-book

Sumner first learned of the case of Curtis Publishing Company v. Butts, 388 U.S. 130 (1967), during a graduate school media law class. The case came on the heels of New York Times Co. v. Sullivan, 376 U.S. 254 (1964), which held that the First Amendment protects the publication of even false statements about public officials unless the statements are made with actual malice.

The New York Times case has become the standard of libel law, but the Curtis Publishing court expanded on the 1964 holding. The divided court (5-4 vote) ruled that public figures who are not public officials can recover libel damages if a false report is published that is based on "highly unreasonable conduct constituting an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers." In Butts' case, the court determined Curtis Publishing, owner of the Saturday Evening Post, had acted highly unreasonably when it published a story stemming from Burnett's allegations.

But something about the Supreme Court's divided ruling didn't add up for Sumner. Notably, there was evidence that Butts and Bryant as well as three college football players perjured themselves throughout the legal proceedings.
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