Parties: Milkovich v. Lorain Journal Co.
Date: 1990-06-21
Identifiers:
Opinions:
Segment Sets:
Paragraph: 48 - N104* We are not persuaded that, in addition to these protections, an additional separate constitutional privilege for "opinion" is required to ensure the freedom of expression guaranteed by the First Amendment.
Notes:
Preferred Terms:
Phrase match: the freedom of expression guaranteed by
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 30 - As Chief Justice Warren noted in concurrence, "[o]ur 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.' " Butts, supra, at 164, 87 S.Ct., at 1996. The Court has also determined that both for public officials and public figures, a showing of New York Times malice is subject to a clear and convincing standard of proof.
Notes:
Preferred Terms:
Phrase match: and freedom of the press to
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 70 - Although I agree with the majority that statements must be scrutinized for implicit factual assertions, the majority's scrutiny in this case does not "hol[d] the balance true," ante, at 23, between protection of individual reputation and freedom of speech. The statements complained of neither state nor imply a false assertion of fact, and, under the rule the Court reconfirms today, they should be found not libel " 'as a matter of constitutional law.' " Ante, at 17, quoting Bresler, 398 U.S., at 13, 90 S.Ct., at 1541. Readers of Diadiun's column are signaled repeatedly that the author does not actually know what Milkovich said at the court hearing and that the author is surmising, from factual premises made explicit in the column, that Milkovich must have lied in court. Like the "imaginative expression" and the "rhetorical hyperbole" which the Court finds have "traditionally added much to the discourse of our Nation," ante, at 18, conjecture is intrinsic to "the free flow of ideas and opinions on matters of public interest and concern" that is at "the heart of the First Amendment."
Notes:
Preferred Terms:
Phrase match: and freedom of speech. The statements
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 73 - Diadiun, therefore, is guilty. He is guilty of jumping to conclusions, of benightedly assuming that court decisions are always based on the merits, and of looking foolish to lawyers. He is not, however, liable for defamation. Ignorance, without more, has never served to defeat freedom of speech. "The constitutional protection does not turn upon 'the truth, popularity, or social utility of the ideas and beliefs which are offered.' "
Notes:
Preferred Terms:
Phrase match: defeat freedom of speech. "The constitutional
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 74 - Punishing such conjecture protects reputation only at the cost of expunging a genuinely useful mechanism for public debate. "In a society which takes seriously the principle that government rests upon the consent of the governed, freedom of the press must be the most cherished tenet."
Notes:
Preferred Terms:
Phrase match: governed, freedom of the press must
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 75 - It is, therefore, imperative that we take the most particular care where freedom of speech is at risk, not only in articulating the rules mandated by the First Amendment, but also in applying them. " 'Whatever is added to the field of libel is taken from the field of free debate.' "
Notes:
Preferred Terms:
Phrase match: where freedom of speech is at
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 70 - Readers of Diadiun's column are signaled repeatedly that the author does not actually know what Milkovich said at the court hearing and that the author is surmising, from factual premises made explicit in the column, that Milkovich must have lied in court. Like the N224* "imaginative expression" and the "rhetorical hyperbole" which the Court finds have "traditionally added much to the discourse of our Nation," ante, at 18, conjecture is intrinsic to N225* "the free flow of ideas and opinions on matters of public interest and concern" that is at "the heart of the First Amendment." Falwell, 485 U.S., at 50, 108 S.Ct., at 879. The public and press regularly examine the activities of those who affect our lives. N226* "One of the perogatives of American citizenship is the right to criticize men and measures." Id., at 51, 108 S.Ct., at 879 (quoting Baumgartner v. United States, 322 U.S. 665, 673-674, 64 S.Ct. 1240, 1244-1245, 88 L.Ed. 1525 (1944)). But often only some of the facts are known, and solely through insistent prodding through conjecture as well as research—can important public questions be subjected to the "uninhibited, robust, and wide-open" debate to which this country is profoundly committed.
Notes:
Preferred Terms:
Phrase match: the right to criticize men and
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 29 - In 1964, we decided in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686, that the First Amendment to the United States Constitution placed limits on the application of the state law of defamation. There the Court recognized the need for N189* "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." Id., at 279-280, 84 S.Ct., at 726. This rule was prompted by a concern that, with respect to the criticism of public officials in their conduct of governmental affairs, a state-law " 'rule compelling the critic of official conduct to guarantee the truth of all his factual assertions' would deter protected speech." Gertz v. Robert Welch, Inc., supra, 418 U.S., at 334, 94 S.Ct., at 3004 (quoting New York Times, supra, 376 U.S., at 279, 84 S.Ct., at 725).
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk