Bose Corporation v. Consumers Union of United States, Inc. (1983)
- Docket
- 82-1246
- Decided
- 1983-01-01
Summary
Question: Was Consumer Union's article written with "actual malice," thereby placing it outside the First Amendment's freedom of speech protections? Conclusion: No. The Court held that while the record revealed that the article's author mistakenly described the sound path of Bose speakers, he did not do so with actual malice. A review of the author's testimony showed that he heard the Bose speaker sounds as tending to wander "along the wall" between speakers, rather than "about the room." Despite this disparity, the Court held that the description of Bose speaker sounds as wondering "about the room," though a misconception, was not written with actual malice since its author was not aware of his mischaracterization in time to remedy the error. Therefore, his speech was entitled to First Amendment protection.