The First Amendment permits the states to formulate their own standards of liability for defamation against private individuals as long as liability is not imposed without fault. If the state standard is lower than actual malice, then only actual damages may be awarded. Decided June 25, 1974 (argued November 14, 1973). Opinion of the Court: Powell Dissenting: Burger, Douglas, Brennan. Applied: the First Amendment → go there Topic: Freedom of speech and of the press. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), is a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded. Wiki link