Parties: Curtis Pub. Co. v. Butts
Date: 1967-06-12
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Paragraph: 1 - In New York Times Co. v. Sullivan, 376 U.S. 254, 279—280, 84 S.Ct. 710, 726, 11 L.Ed.2d 686, this Court held that '(t)he constitutional guarantees (of freedom of speech and press) require * * * a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice'—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.'
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Paragraph: 32 - '(t)he guarantees for speech and press are not the preserve of political expression or comment upon public affairs * * *.' and affirmed that freedom of discussion 'must embrace all issues about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period.'
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Paragraph: 34 - The modern history of the guarantee of freedom of speech and press mainly has been one of a search for the outer limits of that right. From the fountainhead opinions of Justices Holmes and Brandeis in Schenck, Abrams, and Whitney, which considered the problem when the disruptive effects of speech might strip the protection from the speaker, to our recent decision in Adderley v. State of Florida, 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149, where we found freedom of speech not to include a freedom to trespass, the Court's primary concern has been to determine the extent of the right and the surrounding safeguards necessary to give it 'breathing space.'
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Paragraph: 35 - It is significant that the guarantee of freedom of speech and press falls between the religious guarantees and the guarantee of the right to petition for redress of grievances in the text of the First Amendment, the principles of which are carried to the States by the Fourteenth Amendment. It partakes of the nature of both, for it is as much a guarantee to individuals of their personal right to make their thoughts public and put them before the community, see Holt, Of the Liberty of the Press, in Nelson, Freedom of the Press from Hamilton to the Warren Court 18—19, as it is a social necessity required for the 'maintenance of our political system and an open society.' Time, Inc. v. Hill, supra, 385 U.S., at 389, 87 S.Ct., at 543. It is because of the personal nature of this right that we have rejected all manner of prior restraint on publication, Near v. State of Minnesota ex rel.
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Paragraph: 36 - Federal securities regulation, mail fraud statutes, and common-law actions for deceit and misrepresentation are only some examples of our understanding that the right to communicate information of public interest is not 'unconditional.' See Note, Freedom of Expression in a Commercial Context, 78 Harv.L.Rev. 1191. However, as our decision in New York Times makes explicit, while protected activity may in some respects be subjected to sanctions, it is not open to all forms of regulation. The guarantees of freedom of speech and press were not designed to prevent 'the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential * * *.'
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Paragraph: 38 - But the basic theory of libel has not changed, and words defamatory of another are still placed 'in the same class with the use of explosives or the keeping of dangerous animals.' Prosser, The Law of Torts § 108, at 792. Thus some antithesis between freedom of speech and press and libel actions persists, for libel remains premised on the content of speech and limits the freedom of the publisher to express certain sentiments, at least without guaranteeing legal proof of their substantial accuracy.
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Paragraph: 40 - N95* Our resolution of New York Times Co. v. Sullivan, in the context of the numerous statutes and cases which allow ideologically neutral, and generally applicable regulatory measures to be applied to publication, makes clear, however, that neither the interests of the publisher nor those of society necessarily preclude a damage award based on improper conduct which creates a false publication. It is the conduct element, therefore, on which we must principally focus if we are successfully to resolve the antithesis between civil libel actions and the freedom of speech and press. Impositions based on misconduct can be neutral with respect to content of the speech involved, free of historical taint, and adjusted to strike a fair balance between the interests of the community in free circulation of information and those of individuals in seeking recompense for harm done by the circulation of defamatory falsehood.
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Paragraph: 43 - We consider and would hold that a 'public figure' who is not a public official may also recover damages for a defamatory falsehood whose substance makes substantial danger to reputation apparent, on a showing of highly unreasonable conduct constituting an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers. Cf. Sulzberger, Responsibility and Freedom, in Nelson, Freedom of the Press from
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Paragraph: 62 - Viewed in this context, then, it is plain that although they are not subject to the restraints of the political process, 'public figures,' like 'public officials,' often play an influential role in ordering society. And surely as a class these 'public figures' have as ready access as 'public officials' to mass media of communication, both to influence policy and to counter criticism of their views and activities. Our citizenry has a legitimate and substantial interest in the conduct of such persons, and freedom of the press to engage in uninhibited debate about their involvement in public issues and events is as crucial as it is in the case of 'public officials.' The fact that they are not amenable to the restraints of the political process only underscores the legitimate and substantial nature of the interest, since it means that public opinion may be the only instrument by which society can attempt to influence their conduct.
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Paragraph: 71 - I am satisfied that the evidence here discloses that degree of reckless disregard for the truth of which we spoke in New York Times andGarrison. Freedom of the press under the First Amendment does not include absolute license to destroy lives or careers.
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Paragraph: 38 - The law of libel has, of course, changed substantially since the early days of the Republic, and this change is N68* 'the direct consequence of the friction between it * * * and the highly cherished right of free speech.' State v. Browne, 86 N.J.Super. 217, 228, 206 A.2d 591, 597. The emphasis has shifted from criminal to civil remedies, from the protection of absolute social values to the safeguarding of valid personal interests. Truth has become an absolute defense in almost all cases, and privileges designed to foster free communication are almost universally recognized. But the basic theory of libel has not changed, and words defamatory of another are still placed N69* 'in the same class with the use of explosives or the keeping of dangerous animals.' Prosser, The Law of Torts § 108, at 792. Thus some antithesis between freedom of speech and press and libel actions persists, for libel remains premised on the content of speech and limits the freedom of the publisher to express certain sentiments, at least without guaranteeing legal proof of their substantial accuracy.
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Paragraph: 35 - It is significant that the guarantee of freedom of speech and press falls between the religious guarantees and the guarantee of the right to petition for redress of grievances in the text of the First Amendment, the principles of which are carried to the States by the Fourteenth Amendment. It partakes of the nature of both, for it is as much a guarantee to individuals of their personal right to make their thoughts public and put them before the community, see Holt, Of the Liberty of the Press, in Nelson, Freedom of the Press from Hamilton to the Warren Court 18—19, as it is a social necessity required for theN128* 'maintenance of our political system and an open society.'
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Phrase match: the right to petition for redress
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Paragraph: 36 - The fact that dissemination of information and opinion on questions of public concern is ordinarily a legitimate, protected and indeed cherished activity does not mean, however, that one may in all respects carry on that activity exempt from sanctions designed to safeguard the legitimate interests of others. A business N129* 'is not immune from regulation because it is an agency of the press. The publisher of a newspaper has no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.' Associated Press v. National Labor Relations Board, 301 U.S. 103, 132—133, 57 S.Ct. 650, 656, 81 L.Ed. 953. Federal securities regulation, mail fraud statutes, and common-law actions for deceit and misrepresentation are only some examples of our understanding that the right to communicate information of public interest is not 'unconditional.' See Note, Freedom of Expression in a Commercial Context, 78 Harv.L.Rev. 1191. However, as our decision in New York Times makes explicit, while protected activity may in some respects be subjected to sanctions, it is not open to all forms of regulation. The guarantees of freedom of speech and press were not designed to prevent N130* 'the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential * * *.'
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Phrase match: the right to communicate information of
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Paragraph: 1 - In New York Times Co. v. Sullivan, 376 U.S. 254, 279—280, 84 S.Ct. 710, 726, 11 L.Ed.2d 686, this Court held that '(t)he constitutional guarantees (of freedom of speech and press) require * * * a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice'—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.'
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Phrase match: freedom of speech and press) require
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Paragraph: 36 - However, as our decision in New York Times makes explicit, while protected activity may in some respects be subjected to sanctions, it is not open to all forms of regulation. The guarantees of freedom of speech and press were not designed to prevent N46* 'the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential * * *.' 2 Cooley, Constitutional Limitations 886 (8th ed.). Our touchstones are that acceptable limitation must neither affect N47* 'the impartial distribution of news' and ideas, Associated Press v. National Labor Relations Board, supra, 301 U.S., at 133, 57 S.Ct., at 656, nor because of their history or impact constitute a special burden on the press, Grosjean v. American Press Co., Inc., 297 U.S. 233, 56 S.Ct. 444, 80 L.Ed. 660, nor deprive our free society of the stimulating benefit of varied ideas because their purveyors fear physical or economic retribution solely because of what they choose to think and publish.
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Phrase match: to prevent 'the censorship of the press
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