Harte-Hanks Communs. v. Connaughton, 491 U.S. 657 (1989)

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Author: Justice White

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Harte-Hanks Communs. v. Connaughton, 491 U.S. 657 (1989)

JUSTICE WHITE, with whom THE CHIEF JUSTICE joins, concurring.

In my view, in cases like this the historical facts -- e.g., who did what to whom and when -- are reviewable only under the clearly erroneous standard mandated by Federal Rule of Civil Procedure 52. Credibility determinations fall in this category, as does the issue of knowledge of falsity. But as I observed in dissent in Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485, 515 (1984), the reckless disregard component of the New York Times Co. v. Sullivan "actual malice" standard is not a question of historical fact. A trial court’s determination of that issue therefore is to be reviewed independently by the appellate court.

As I read it, the Court’s opinion is consistent with these views, and -- as JUSTICE KENNEDY observes -- is consistent with the views expressed by JUSTICE SCALIA in his concurrence. Based on these premises, I join the Court’s opinion.

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Chicago: White, "White, J., Concurring," Harte-Hanks Communs. v. Connaughton, 491 U.S. 657 (1989) in 491 U.S. 657 Original Sources, accessed September 23, 2018, http://www.originalsources.com/Document.aspx?DocID=CMVUAEVPAHBTTWZ.

MLA: White. "White, J., Concurring." Harte-Hanks Communs. v. Connaughton, 491 U.S. 657 (1989), in 491 U.S. 657, Original Sources. 23 Sep. 2018. www.originalsources.com/Document.aspx?DocID=CMVUAEVPAHBTTWZ.

Harvard: White, 'White, J., Concurring' in Harte-Hanks Communs. v. Connaughton, 491 U.S. 657 (1989). cited in 1989, 491 U.S. 657. Original Sources, retrieved 23 September 2018, from http://www.originalsources.com/Document.aspx?DocID=CMVUAEVPAHBTTWZ.