Parties: Time, Inc. v. Firestone
Date: 1976-03-02
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Paragraph: 58 - ". . . Public records by their very nature are of interest to those concerned with the administration of government, and a public benefit is performed by the reporting of the true contents of the records by the media. The freedom of the press to publish that information appears to us to be of critical importance to our type of government in which the citizenry is the final judge of the proper conduct of public business."
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Paragraph: 55 - Although N75* calculated falsehood" is no part of the expression protected by the central meaning of the First Amendment, Garrison v. Louisiana, 379 U.S. 64, 75, 85 S.Ct. 209, 216, 13 L.Ed.2d 125 (1964), error and misstatement is recognized as inevitable in any scheme of truly free expression and debate. New York Times, supra, 376 U.S., at 271-272, 84 S.Ct., at 721-722. Therefore, in order to avoid the self-censorship that would necessarily accompany strict or simple fault liability for erroneous statements, rules governing liability for injury to reputation are required to allow an adequate margin for error protecting some misstatements so that the N76* "freedoms of expression . . . have the 'breathing space' that they 'need . . . to survive.' " Ibid. N77* "(T)o insure the ascertainment and publication of the truth about public affairs, it is essential that the First Amendment protect some erroneous publications as well as true ones."
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Paragraph: 70 - The First Amendment insulates from defamation liability a margin for error sufficient to ensure the avoidance of crippling press self-censorship in the field of reporting public judicial affairs.
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Paragraph: 55 - Although N28* "calculated falsehood" is no part of the expression protected by the central meaning of the First Amendment, Garrison v. Louisiana, 379 U.S. 64, 75, 85 S.Ct. 209, 216, 13 L.Ed.2d 125 (1964), error and misstatement is recognized as inevitable in any scheme of truly free expression and debate.
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