Record the showing Gertz requires before punitive damages
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the pleading, record whether punitive or exemplary damages are sought, whether the file treats the plaintiff as a private individual and the defendant as a publisher or broadcaster, and what the file says about knowledge of falsity or reckless disregard for the truth. Do not write that punitive damages cannot be awarded.
- What the lawyer must review
- The lawyer applies Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974). The Court held that the States may not permit recovery of presumed or punitive damages, at least when liability is not based on a showing of knowledge of falsity or reckless disregard for the truth. The opinion finds no justification for allowing punitive damages against publishers and broadcasters held liable under state-defined standards, and it describes those awards as private fines levied by civil juries. It does not say that punitive damages are unavailable when the showing of knowledge of falsity or reckless disregard is made. The syllabus states the same limit without the words 'at least'. New York Times Co. v. Sullivan, 376 U.S. 254 (1964), which Gertz quotes, uses actual malice to mean knowledge that the statement was false or reckless disregard of whether it was false or not. The lawyer does not use a rule that exemplary damages are forbidden. The lawyer also does not use the hatred-or-ill-will definition in California Civil Code section 48a for this constitutional question.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.