Parties: Rosenblatt v. Baer
Date: 1966-02-21
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Paragraph: 44 - Unconditional freedom to criticize the way such public functions are performed is in my judgment necessarily included in the guarantees of the First Amendment.
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Phrase match: Unconditional freedom to criticize the way
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Paragraph: 44 - I think the publication here, discussing the way an agent of government does his governmental job, is the very kind that the First Amendment was adopted primarily to protect. The article here sued on as libelous discusses the use of the public's money to take care of the public's business by a paid agent of the public. Unconditional freedom to criticize the way such public functions are performed is in my judgment necessarily included in the guarantees of the First Amendment. And the right to criticize a public agent engaged in public activities cannot safely, and should not, depend upon whether or not that agent is arbitrarily labeled a 'public official.' Nor should the right to criticize depend upon how high a position in government a public agent may occupy.
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Phrase match: the right to criticize a public
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Paragraph: 45 - The only sure way to protect speech and press against these threats is to recognize that libel laws are abridgments of speech and press and therefore are barred in both federal and state courts by the First and Fourteenth Amendments. I repeat what I said in the New York Times case that N260* 'An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.'
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Phrase match: unconditional right to say what one
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