How later opinions annotate it (1 example)
- on other grounds
See Garrison v. Louisiana, 379 U.S. 64 (1964), overruled on other grounds by Curtis Pub.
— Christopher J. Bruno v. Jennifer M. Medley, 310 So. 3d 580 (La. Ct. App. 2020)
The First Amendment prohibits criminal defamation statutes from punishing truthful criticism of public officials or false statements made with actual malice.
A District Attorney was convicted of criminal defamation under a state statute after making public statements disparaging the conduct and integrity of local judges. The state court affirmed the conviction, finding the statements were made with malice and were not made with a reasonable belief in their truth. The Supreme Court holds that the constitutional guarantees of freedom of expression apply to criminal defamation statutes just as they do to civil ones. Specifically, the state cannot punish truthful criticism of public officials, nor can it punish false statements unless they are made with actual malice, defined as knowledge of falsity or reckless disregard for the truth.
At page 74 Protecting free expression in public affairs debate372 citing cases“only those false statements made with the high degree of awareness of their probable falsity demanded by new york times may be the subject of either civil or criminal sanctions.”
- Juliette Grimmett v. Nancy Freeman, 59 F.4th 689 (4th Cir. 2023).published The same sort of reasoning explains why a State may outlaw cross burning (and only cross burning) done with the intent to intimidate: “because burning a cross is a particularly virulent form of intimidation.” Virginia v. Black, 538 U.S. 34…
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 10, 2015).published Rather, it is fundamental that the First Amendment limits the sovereign power of government to criminally punish the speech of its officials and agents, including that uttered in their official roles.230 Also belying the State’s notion tha…
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 8, 2015).published Rather, it is fundamental that the First Amendment limits the sovereign power of government to criminally punish the speech of its officials and agents, including that uttered in their official roles.230 Also belying the State’s notion tha…
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 1, 2015).published Rather, it is fundamental that the First Amendment limits the sovereign power of government to criminally punish the speech of its officials and agents, including that uttered in their official roles.230 Also belying the State’s notion tha…
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Aug. 18, 2015).published Rather, it is fundamental that the First Amendment limits the sovereign power of government to criminally punish the speech of its officials and agents, including that uttered in their official roles.230 Also belying the State’s notion tha…
- Matter of Westfall, 808 S.W.2d 829 (Mo. 1991).published But see Garrison, 379 U.S. at 73 , 85 S.Ct. at 215 (“Moreover, even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any excep…
- Ford v. Mckesson, 171 F.4th 332 (5th Cir. 2026).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Mashaud v. Boone, 295 A.3d 1139 (D.C. 2023).published(Truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned.)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Oct. 22, 2015).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Ex Parte James Richard \Rick\" Perry", No. 03-15-00063-CR (Tex. App.—Austin Feb. 25, 2015).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
Show 182 more citing cases
- Rick Bertrand v. Rick Mullin & the Iowa Democratic Party, 846 N.W.2d 884 (Iowa 2014).published ([Wjhere the criticism is of public officials and their conduct of public business, the interest in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemination of tru…)
- Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. 237 (2014).published(We held in New York Times that a public official might be allowed the civil remedy only if he establishes that the utterance was false)
- United States v. Alvarez, 567 U.S. 709 (2012).published See also, e.g., Virginia Bd. of Pharmacy, supra, at 771 (“Untruthful speech, commercial or otherwise, has never been protected for its own sake”); Herbert v. Lando, 441 U. S. 153, 171 (1979) (“Spreading false information in and of itself c…
- Long Beach Area Peace v. City of Long Beach, 574 F.3d 1011 (9th Cir. 2009).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Seattle Affiliate of October 22nd Coalition to Stop Police Brutality v. City of Seattle, 550 F.3d 788 (9th Cir. 2008).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Long Beach Area Peace Network v. City of Long Beach, 522 F.3d 1010 (9th Cir. 2008).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Chaker v. Crogan, No. 03-56885 (9th Cir. Nov. 2, 2005).published(The constitutional guarantees of freedom of expression compel application of the [New York Times] standard to the criminal remedy.)
- De-Jesus-Mangual v. Fuentes-Agostini, 317 F.3d 45 (1st Cir. 2003).published (We held in New York Times that a public official might be allowed the civil remedy only if he establishes that the utterance was false . . . . The reasons which led us so to hold . . . apply with no less force merely b…)
- Nixon v. Shrink Missouri Gov't PAC, 528 U.S. 377 (2000).published ([Sjpeech concerning public affairs is ... the essence of self-government)
- Randy Allen Orga Dusty Stanaway v. Preston S. Williams, 996 F.2d 1211 (4th Cir. 1993).unpublished([S]peech concerning public affairs ... is the essence of self-government.)
- Vassallo v. Bell, 534 A.2d 724 (N.J. Super. Ct. App. Div. 1987).published (a public official might be allowed the civil remedy only if he establishes that the utterance was false and that it was *377 made with knowledge of its falsity or in reckless disregard of whether it was false or true.)
- Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986).published (Truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned)
- United Mine Workers of Am. Int'l Union ex rel. Trumka v. Parsons, 305 S.E.2d 343 (W. Va. 1983).published (speech concerning public affairs is more than self-expression; it is the essence of self-government)
- Doug Smith v. Anne Helzer, 95 F.4th 1207 (9th Cir. 2024).publishedThis is so because “[s]peech is an essential mechanism of democracy,” “it is the means to hold officials accountable to the people,” and it is a “precondition to enlightened self-government and a necessary means to protect it.” Id. at 339…
- McCullars v. Maloy, 369 F. Supp. 3d 1230 (M.D. Fla. 2019).published Plaintiff's posts, as an "expression on public issues '... rest[ ] on the highest rung of the hierarchy of First Amendment values." See NAACP v. Claiborne Hardware Co. , 458 U.S. 886 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 , (1982) ; see also G…
- Koontz v. Watson, 283 F. Supp. 3d 1007 (D. Kan. 2018).published See Garrison v. Louisiana , 379 U.S. 64 , 74-75, 85 S.Ct. 209 , 13 L.Ed.2d 125 (1964) ("[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.").
- People v. Stanistreet, 58 P.3d 465 (Cal. 2002).published
- Parmelee v. O'NEEL, 186 P.3d 1094 (Wash. Ct. App. 2008).published
- Grimmett v. Circosta, No. 1:22-cv-00568 (M.D.N.C. Aug. 9, 2022).
- Counterman v. Colorado, 600 U.S. 66 (2023).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2003).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2002).published
- Snyder v. Phelps, 562 U.S. 443 (2011).published
- John Berry, Jr. v. Michael Schmitt, 688 F.3d 290 (6th Cir. 2012).published
- Smith v. Anonymous Jt. Enter., 793 N.W.2d 533 (Mich. 2010).published
- Spacecon Specialty Contractors, LLC v. Bensinger, 713 F.3d 1028 (10th Cir. 2013).published
- State of Tennessee v. Teddy Ray Mitchell - Dissenting, No. E2008-02672-SC-R11-CD (Tenn. Mar. 31, 2011).published
- Craven v. SEIU Cope, 656 S.E.2d 729 (N.C. Ct. App. 2008).published
- Boyce & Isley, PLLC v. Cooper, 568 S.E.2d 893 (N.C. Ct. App. 2002).published
- Gulrajaney v. Petricha, 885 A.2d 496 (N.J. Super. Ct. App. Div. 2005).published
- DeAngelis v. Hill, 847 A.2d 1261 (N.J. 2004).published
- Berkery v. Est. of Stuart, 988 A.2d 1201 (N.J. Super. Ct. App. Div. 2010).published
- Ivey v. State, 821 So. 2d 937 (Ala. 2001).published
- Storms v. Action Wisconsin Inc., 2008 WI 56, 750 N.W.2d 739.published
- Iowa Supreme Court Attorney Disciplinary Bd. v. Weaver, 750 N.W.2d 71 (Iowa 2008).published
- Thompson v. Emmis Television Broad., 894 So. 2d 480 (La. Ct. App. 2005).published
- Vermont Soc'y of Ass'n Executives v. Milne, 779 A.2d 20 (Vt. 2001).published
- Verna v. Links at Valleybrook, 852 A.2d 202 (N.J. Super. Ct. App. Div. 2004).published
- Parris v. Superior Court, 109 Cal. App. 4th 285 (Cal. Ct. App. 2003).published
- Annette F. v. Sharon S., 119 Cal. App. 4th 1146 (Cal. Ct. App. 2004).published
- Trump v. O'BRIEN, 29 A.3d 1090 (N.J. Super. Ct. App. Div. 2011).published
- Haley v. State, 712 S.E.2d 838 (Ga. 2011).published
- Pegasus v. Reno Newspapers, Inc., 57 P.3d 82 (Nev. 2002).published
- Holliday v. Reg'l Transp. Dist., 43 P.3d 676 (Colo. Ct. App. 2001).published
- Attorney Grievance Comm'n v. Frost, 85 A.3d 264 (Md. 2014).published
- Martin v. Daily News L.P., 121 A.D.3d 90 (N.Y. App. Div. 1st Dep't 2014).published
- Jacobson v. CBS Broad., Inc., 2014 IL App (1st) 132480.published
- Downey v. Chutehall Constr. Co., 19 N.E.3d 470 (Mass. App. Ct. 2014).published
- Dr. Raymond M. Gordon v. CBS Broad., No. 3132 EDA 2013 (Pa. Super. Ct. Dec. 8, 2014).unpublished
- Johnson v. Ryan, 346 P.3d 789 (Wash. Ct. App. 2015).published
- Commonwealth v. Lucas, 34 N.E.3d 1242 (Mass. 2015).published
- Gamal Abdel-Hafiz v. ABC, Inc., No. 02-06-00244-CV (Tex. App.—Fort Worth Nov. 15, 2007).published
- FOX Ent. Grp., Inc. v. Gamal Abdel-Hafiz, No. 02-06-00353-CV (Tex. App.—Fort Worth Nov. 15, 2007).published
- Joe L. Alaniz v. Gaylord Hoyt, No. 13-01-00111-CV (Tex. App.—Corpus Christi May 8, 2003).published
- Paul Lane v. City of Pickerington, 588 F. App'x 456 (6th Cir. 2014).unpublished
- Officer James T. McGreal v. Eric Ostrov, Doctor, Vill. of Alsip, Kenneth Wood, 368 F.3d 657 (7th Cir. 2004).published
- Gerhart v. State, 2015 OK CR 12, 360 P.3d 1194.published
- Colantonio v. Mercy Med. Ctr., 135 A.D.3d 686 (N.Y. App. Div. 2d Dep't 2016).published
- Gilson v. Am. Inst. of Alt. Med., 2016-Ohio-1324, 62 N.E.3d 754.published
- Daniel B. Eisenstein v. WTVF-TV, No. M2015-00422-COA-R3-CV (Tenn. Ct. App. May 3, 2016).published
- Scripps NP Operating, LLC v. Terry Carter, No. 13-15-00506-CV (Tex. Crim. App. May 12, 2016).published
- Brandon Darby v. New York Times Co., No. 14-0265 (Tex. Feb. 4, 2015).published
- Young v. Wilham, 406 P.3d 988 (N.M. Ct. App. 2017).published
- Commonwealth v. Hopkins, L., Jr., No. 32 MAP 2016 (Pa. June 30, 2017).published
- Edward Nero v. Marilyn Mosby, 890 F.3d 106 (4th Cir. 2018).published
- Fairbanks v. Roller, No. 2017-1052 (D.D.C. June 6, 2018).published
- Sindi v. El-Moslimany, 896 F.3d 1 (1st Cir. 2018).published
- People v. Relerford, 2017 IL 121094, 104 N.E.3d 341.published
- Competitive Enter. Inst. & Rand Simberg v. Michael Mann, No. 14-CV-101 (D.C. Dec. 13, 2018).published
- Bey v. Rasawehr, 2019-Ohio-57.published
- Thomas J. Elsten, Jr. v. Jeffrey Coker, No. M2019-00034-COA-R3-CV (Tenn. Ct. App. Oct. 4, 2019).published
- Rosen Vs. Tarkanian, 453 P.3d 1220 (Nev. 2019).published
- Judson A. Lovingood v. Discovery Commc'n, Inc., No. 18-12999 (11th Cir. Feb. 7, 2020).unpublished
- Khan v. Orbis Bus. Ltd., No. 18-CV-919 (D.C. June 18, 2020).published
- Desmond v. News & Observer Publ'g Co., 846 S.E.2d 647 (N.C. 2020).published
- Shkelzen Berisha v. Guy Lawson, 973 F.3d 1304 (11th Cir. 2020).published
- Nedra Finney v. Miles Jefferson, No. M2019-00326-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2020).published
- Michael Konowicz v. Jonathan Carr, 838 F. App'x 1 (3d Cir. 2020).unpublished
- Rogers v. Hon Mroz, 479 P.3d 410 (Ariz. Ct. App. 2020).published
- Steve Wynn v. Lisa Bloom, 852 F. App'x 262 (9th Cir. 2021).unpublished
- Jack Kauffman v. Timothy G. Forsythe, No. E2019-02196-COA-R3-CV, 2021 WL 2102910 (Tenn. Ct. App. May 25, 2021).published
- Byd Co. v. All. for Am. Mfg., No. 2020-3458 (D.D.C. Aug. 6, 2021).published
- US Dominion, Inc. v. Powell, 554 F. Supp. 3d 42 (D.D.C. 2021).published
- Rickert v. State, Pub. Disclosure Com'n, 168 P.3d 826 (Wash. 2007).published
- Mark Jacoby v. Cable News Network, Inc., No. 21-12030, 2021 WL 5858569 (11th Cir. Dec. 10, 2021).unpublished
- Kipper v. NYP Holdings Co., 912 N.E.2d 26 (N.Y. 2009).published
- Young v. CBS Broad., Inc., 212 Cal. App. 4th 551 (Cal. Ct. App. 2012).published
- Fregoe v. Fregoe, 33 A.D.3d 1182 (N.Y. App. Div. 3d Dep't 2006).published
- Page v. Oath Inc., 270 A.3d 833 (Del. 2022).published
- Wendy Rogers v. Hon. mroz/pamela Young, 502 P.3d 986 (Ariz. 2022).published
- Zaidi v. United Bank Ltd., 194 Misc. 2d 1 (N.Y. Sup. Ct. 2002).published
- Blackwell v. Eskin, 80 Pa. D. & C.4th 284 (2006).published
- Heimbecker v. Drudge, 22 Pa. D. & C.5th 129 (2011).published
- Greene v. Philadelphia Media Network, Inc., 40 Pa. D. & C.5th 157 (2014).published
- HipSaver, Inc. v. Kiel, 984 N.E.2d 755 (Mass. 2013).published
- Durando v. Nutley Sun, 37 A.3d 449 (N.J. 2012).published
- Kelley v. Wren, 782 S.E.2d 406 (S.C. Ct. App. 2016).published
- Joyce v. Slager, 26 Mass. L. Rptr. 277 (Mass. Super. Ct. 2009).published
- In re Sánchez Ramos, 174 P.R. 453 (2008).published
- Pueblo v. Nazario Gonzalez, 9 T.C.A. 570 (2003).published
- In re Cline, 749 S.E.2d 91 (N.C. Ct. App. 2013).published
- Smartmatic USA Corp. v. Newsmax Media, Inc., No. N21C-11-028 EMD (Del. Super. Ct. Feb. 3, 2023).published
- Brian Philip Manookian v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee, No. M2022-00075-SC-R3-BP (Tenn. Feb. 16, 2024).published
- Bailey v. Nexstar Broad., Inc., No. 3:19-cv-00671 (D. Conn. Mar. 6, 2020).
- Bailey v. Nexstar Broad., Inc., No. 3:19-cv-00671, 2021 WL 848787 (D. Conn. Mar. 6, 2021).
- Cunningham v. Blackwell, No. 3:20-cv-00008 (E.D. Ky. July 11, 2023).
- Blanchard v. Tillman, No. 2:20-cv-02400 (E.D. La. Mar. 31, 2021).
- Wofse v. Horn, 523 F. Supp. 3d 122 (D. Mass. 2021).published
- Shahidullah v. Shankar, No. 8:20-cv-03602 (D. Md. Jan. 31, 2022).
- Kelly v. Daily Beast Co., No. 1:22-cv-00482 (W.D. Mich. Dec. 9, 2022).
- Ritz Hotels Servs., LLC v. Bhd. of Amalgamated Trades Local Union 514, No. 2:18-cv-15400 (D.N.J. June 27, 2019).
- McDougal v. Fox News Network, LLC, 489 F. Supp. 3d 174 (S.D.N.Y. 2020).published
- BYD Co. v. VICE Media LLC, 531 F. Supp. 3d 810 (S.D.N.Y. 2021).published
- Jacob v. Lorenz, No. 1:21-cv-06807 (S.D.N.Y. June 21, 2023).
- Carroll v. Trump, 731 F. Supp. 3d 626 (S.D.N.Y. 2024).published
- Yacko v. Gen. Motors Co., No. 1:23-cv-01578 (N.D. Ohio Feb. 28, 2024).
- D F Pace, Esquire v. Baker-white, 432 F. Supp. 3d 495 (E.D. Pa. 2020).published
- Pinkney v. Meadville, No. 1:19-cv-00167 (W.D. Pa. Apr. 3, 2020).
- Pinkney v. Meadville, No. 1:19-cv-00167 (W.D. Pa. Apr. 27, 2020).
- Diaz v. Gazmey Santiago, No. 3:18-cv-01779 (D.P.R. Mar. 3, 2020).
- David Bell v. Kokosing Indus., Inc., No. 23-5791, 2024 WL 3549581 (6th Cir. July 26, 2024).unpublished
- Samuel Rolofson v. Brittany Fraser, 904 S.E.2d 284 (Va. Ct. App. 2024).published
- Brittany Fraser v. Samuel Rolofson, No. 0828234 (Va. Ct. App. July 30, 2024).published
- Tri-Corp Hous., Inc. v. Robert Bauman, No. 2022AP000993 (Wis. Ct. App. Aug. 27, 2024).unpublished
- Smartmatic USA Corp. v. Newsmax Media, Inc., No. N21C-11-028 EMD (Del. Super. Ct. Sept. 12, 2024).published
- Akarah v. Ohio Dept. of Rehab. & Corr., 2024-Ohio-4499, 253 N.E.3d 712.published
- Bah v. Apple Inc., No. 1:19-cv-03539, 2020 WL 614932 (S.D.N.Y. Feb. 10, 2020).
- Netrebko v. Metro. Opera Ass'n, No. 1:23-cv-06857, 2024 WL 3925377 (S.D.N.Y. Aug. 22, 2024).
- A & R Eng'g & Testing, Inc. v. City Of Houston, 582 F. Supp. 3d 415 (S.D. Tex. 2022).published
- Morrissey v. WTVR, LLC, 432 F. Supp. 3d 617 (E.D. Va. 2020).published
- Minnix v. Sinclair Television Grp., Inc., No. 7:23-cv-00091 (W.D. Va. May 19, 2023).
- Poleon v. Gov't of the Virgin Islands, No. 1:13-cv-00024 (D.V.I. Aug. 8, 2018).
- Blankenship v. Trump, 558 F. Supp. 3d 316 (S.D. W. Va. 2021).published
- Blankenship v. Fox News Network, LLC, No. 2:19-cv-00236 (S.D. W. Va. Feb. 2, 2022).
- Blankenship v. Trump, No. 2:19-cv-00549 (S.D. W. Va. Mar. 30, 2023).
- Graves v. Elkins, No. 2:24-cv-00103 (S.D. W. Va. May 24, 2024).
- Proj. Veritas v. Cable News Network, Inc., 121 F.4th 1267 (11th Cir. 2024).published
- Brian J. Stone v. Susan Bruce, No. 2018-0230 (N.H. Nov. 27, 2018).unpublished
- Dan Hynes v. New Hampshire Democratic Party & a., 302 A.3d 47 (N.H. 2023).published
- Yacko v. Gen. Motors Co., No. 1:23-cv-01578 (N.D. Ohio Dec. 26, 2024).
- United States v. Isac Schwarzbaum, 127 F.4th 259 (11th Cir. 2025).published
- Jeremy Wayne Long v. Candice O'Brien Beasley, No. M2024-00444-COA-R3-CV (Tenn. Ct. App. Mar. 12, 2025).published
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published
- Charleston CW, LLC v. Charleston Animal Soc'y, No. 2022-001114 (S.C. Ct. App. Apr. 30, 2025).unpublished
- Christopher J. Bruno v. Jennifer M. Medley, 310 So. 3d 580 (La. Ct. App. 2020).published
- Larry Nikola v. Altice USA, Inc., No. A-1164-22 (N.J. Super. Ct. App. Div. July 24, 2025).unpublished
- Mayberry v. Schlarf, No. 3:23-cv-00064 (N.D. Ind. Aug. 26, 2025).
- Bender-mathis v. City of Erie, No. 1:23-cv-00208 (W.D. Pa. Sept. 5, 2025).
- Morrison v. Dible, 2025-Ohio-4415.published
- Defending Educ. v. Olentangy Loc. Sch. Dist. Bd. of Educ., 158 F.4th 732 (6th Cir. 2025).published
- State of Oklahoma ex rel. Oba v. Durbin, 2025 OK 77.published
- Adirim, No. 1:25-cv-00768 (E.D. Va. Feb. 25, 2026).
- Collingsworth, No. 2:11-cv-03695 (N.D. Ala. June 2, 2026).
- Associated Press v. Ron Neal, 177 F.4th 862 (7th Cir. 2026).published
- Cora Colón v. Grupo Ferrer Rangel, 2026 TSPR 58 (2026).published
- Collingsworth, No. 2:11-cv-03695 (N.D. Ala. June 15, 2026).
- Collingsworth, No. 2:15-cv-00506 (N.D. Ala. June 15, 2026).
- United States v. Anten, No. 24-7261 (9th Cir. July 27, 2026).published
- Ford v. Mckesson, No. 24-30494 (5th Cir. July 30, 2026).
- Citizens for Police Acct. Political Comm. v. Browning, 572 F.3d 1213 (11th Cir. 2009).published
- Mangual v. Rotger-Sabat, 317 F.3d 45 (1st Cir. 2003).published
- Mississippi Bar v. Lumumba, 912 So. 2d 871 (Miss. 2005).published
- Asgeirsson v. Abbott, 773 F. Supp. 2d 684 (W.D. Tex. 2011).published
- John Russell v. Allison Lundergan-Grimes, 784 F.3d 1037 (6th Cir. 2015).published
- Derek Warren Logue v. Lauren Frances Book, 297 So. 3d 605 (Fla. 4th DCA 2020).published
- Cleveland Metro. Bar Assn. v. Morton (Slip Opinion), 2021-Ohio-4095, 185 N.E.3d 65.published
- In re Elster, 26 F.4th 1328 (Fed. Cir. 2022).published
- Liverman v. City of Petersburg, 106 F. Supp. 3d 744 (E.D. Va. 2015).published
- Winter v. Wolnitzek, 186 F. Supp. 3d 673 (E.D. Ky. 2016).published
- Dehne v. Avanino, 219 F. Supp. 2d 1096 (D. Nev. 2001).published
- Victoria Schrader v. Dist. Attorney York Cnty., 74 F.4th 120 (3d Cir. 2023).published
- Mississippi Comm'n on Jud. Performance v. Carlos E. Moore, No. 2024-JP-00121-SCT (Miss. Jan. 16, 2025).published
- Tucci v. Guy Gannett Publ'g Co., 464 A.2d 161 (Me. 1983).published“only those false statements made with the high degree of awareness of their probable falsity ... may be the subject of either civil or criminal sanctions”
- Melvin Varnish v. Best Medium Publ'g Co., 405 F.2d 608 (2d Cir. 1969).published“high degree of awareness of their probable falsity”
- Air Wisconsin Airlines Corp. v. Hoeper, 2012 CO 19, 320 P.3d 830.published“only those false statements made with the high degree of awareness of their probable falsity demanded by New York Times may be the subject of either civil or criminal sanctions”
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).published“[Ojnly those false statements made with the high degree of awareness of their probable falsity demanded by New York Times may be the subject of either civil or criminal sanctions.”
- Cohen v. Cowles Media Co., 445 N.W.2d 248 (Minn. Ct. App. 1989).published“Truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned.”
- Mello v. Ct Repub. State Cent. Comm., 2001 Conn. Super. Ct. 15275 (Conn. Super. Ct. 2001).unpublished“[A] public official might be allowed the civil remedy only if he establishes that the utterance was false. . . .”
- Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Bruce Evan Murch Catherine Ramey Dawn Marie Stover Charles Wysong, & Monica Migliorino Miller Donald Treshman, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Joseph L. Foreman Stephen P. Mears Monica Migliorino Miller Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, & Michael Dodds Charles Roy McMillan Bruce Evan Murch, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Michael Dodds Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman, & Timothy Paul Dreste Joseph L. Foreman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Catherine Ramey Dawn Marie Stover, & Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Donald Treshman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, Paul Deparrie, Movant-Appellant. Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. Karen Sweigert, M.D., Individually & on Behalf of All Persons Similarly Situated v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David Crane Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, 290 F.3d 1058 (9th Cir. 2002).published
- West v. Frank, 492 F. Supp. 2d 1040 (W.D. Wis. 2007).published
- Philadelphia Fire Fighters' Union Local 22 v. City of Philadelphia, 286 F. Supp. 2d 476 (E.D. Pa. 2003).published
- Opinion No. (Ark. Att'y Gen. 2011).published
At page 75 Limiting free speech for knowingly false statements79 citing cases“speech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Juliette Grimmett v. Nancy Freeman, 59 F.4th 689 (4th Cir. 2023).published The same sort of reasoning explains why a State may outlaw cross burning (and only cross burning) done with the intent to intimidate: “because burning a cross is a particularly virulent form of intimidation.” Virginia v. Black, 538 U.S. 34…
- Balla v. Hall, 273 Cal. Rptr. 3d 695 (Cal. Ct. App. 2021).published(That speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. . . . Calculated falsehood falls into that class of utterances which ‘are no essential p…)
- United States v. Alvarez, 567 U.S. 709 (2012).published ([T]he knowingly false statement and the false statement made with reck- less disregard of the truth, do not enjoy constitutional protection)
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published ([T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.)
- Long Beach Area Peace v. City of Long Beach, 574 F.3d 1011 (9th Cir. 2009).published“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Seattle Affiliate of October 22nd Coalition to Stop Police Brutality v. City of Seattle, 550 F.3d 788 (9th Cir. 2008).published“[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Long Beach Area Peace Network v. City of Long Beach, 522 F.3d 1010 (9th Cir. 2008).published“[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Pat Barber v. Texas Dep't of Transp. Charles W. Heald, No. 03-00-00373-CV (Tex. App.—Austin Apr. 5, 2001).published(The First and Fourteenth Amendments embody our 'profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, a…)
- Eugene Ruocchio Robert A. D'Angiolillo v. United Transp. Union, 181 F.3d 376 (3d Cir. 1999).published ([T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.)
- United Mine Workers of Am. Int'l Union ex rel. Trumka v. Parsons, 305 S.E.2d 343 (W. Va. 1983).published “speech concerning public affairs is more than self-expression; it is the essence of self-government”
Show 69 more citing cases
- Doug Smith v. Anne Helzer, 95 F.4th 1207 (9th Cir. 2024).published([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Portage Cty. Educators Assn. for Dev. Disabilities-Unit B, OEA/NEA v. State Emp. Relations Bd., 2022-Ohio-3167, 202 N.E.3d 690.published (For speech concerning public affairs is more than self-expression; it is the essence of self-government)
- Nat'l Review, Inc. v. Mann, 140 S. Ct. 344 (2019). ([S]peech concerning public affairs is more than self-expression; it is the essence of selfgovernment)
- McCullars v. Maloy, 369 F. Supp. 3d 1230 (M.D. Fla. 2019).published ([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- Koontz v. Watson, 283 F. Supp. 3d 1007 (D. Kan. 2018).published ([S]peech concerning public affairs is more than self-expression; it is the essence of self-government.)
- In re Search Warrant Issued to Google, Inc., 269 F. Supp. 3d 1205 (N.D. Ala. 2017).published ([Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.)
- People v. Stanistreet, 58 P.3d 465 (Cal. 2002).published
- Grimmett v. Circosta, No. 1:22-cv-00568 (M.D.N.C. Aug. 9, 2022).
- Counterman v. Colorado, 600 U.S. 66 (2023).published
- Sindorf v. Jacron Sales Co., 341 A.2d 856 (Md. Ct. Spec. App. 1975).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2003).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2002).published
- Commonwealth v. Lucas, 34 N.E.3d 1242 (Mass. 2015).published
- Gerhart v. State, 2015 OK CR 12, 360 P.3d 1194.published
- Rickert v. State, Pub. Disclosure Com'n, 168 P.3d 826 (Wash. 2007).published
- Kipper v. NYP Holdings Co., 912 N.E.2d 26 (N.Y. 2009).published
- Defending Educ. v. Olentangy Loc. Sch. Dist. Bd. of Educ., 158 F.4th 732 (6th Cir. 2025).published
- State of Oklahoma ex rel. Oba v. Durbin, 2025 OK 77.published
- Associated Press v. Ron Neal, 177 F.4th 862 (7th Cir. 2026).published
- Joy Niday Colson v. Paul Grohman Mike Hogg Jack Roberts Stella Roberts City of Pearland, 174 F.3d 498 (5th Cir. 1999).published
- Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (1971).published
- Rosenbloom v. Metromedia, Inc., 403 U.S. 29 (1971).published
- Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973).published
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).published
- Time, Inc. v. Firestone, 424 U.S. 448 (1976).published
- McDonald v. Smith, 472 U.S. 479 (1985).published
- Kemp v. State Bd. of Agric., 803 P.2d 498 (Colo. 1990).published
- Harris v. Adkins, 432 S.E.2d 549 (W. Va. 1993).published
- Thibadeau v. Crane, 206 S.E.2d 609 (Ga. Ct. App. 1974).published
- Ramirez v. State Bar, 619 P.2d 399 (Cal. 1980).published
- Taskett v. King Broad. Co., 546 P.2d 81 (Wash. 1976).published
- People v. Bloss, 184 N.W.2d 299 (Mich. Ct. App. 1971).published
- Miller v. Nestande, 192 Cal. App. 3d 191 (Cal. Ct. App. 1987).published
- Wisconsin Jud. Comm'n v. Gableman, 2010 WI 61, 784 N.W.2d 605.published
- Fletcher v. San Jose Mercury News, 216 Cal. App. 3d 172 (Cal. Ct. App. 1989).published
- Mooi Roofing Co. v. De Young, 156 N.W.2d 617 (Mich. Ct. App. 1967).published
- Elonis v. United States, 575 U.S. 723 (2015).published
- State of Tennessee v. Walter Francis Fitzpatrick, III, No. E2014-01864-CCA-R3-CD (Tenn. Crim. App. Sept. 8, 2015).published
- Forbes Inc. v. Granada Biosciences, Inc., 124 S.W.3d 167 (Tex. 2003).published
- Andrew Shalaby v. Exec. Comm. of the Uni, No. 19-2369 (7th Cir. Aug. 20, 2019).unpublished
- Mark V.H. v. Dolores J. M., No. 18-0230 (W. Va. Sept. 9, 2019).published
- In the Interest of: J.J.M., Appeal of: J.J.M., 265 A.3d 246 (Pa. 2021).published
- Akhmetshin v. Browder, 275 A.3d 290 (D.C. 2022).published
- Frese v. Formella, 53 F.4th 1 (1st Cir. 2022).published
- Commonwealth v. Jaynes, 65 Va. Cir. 355 (Loudoun Cir. Ct. 2004).published
- Dun & Bradstreet, Inc. v. Grove, 404 U.S. 898 (1971).published
- Huff v. Walton Cnty., No. 3:20-cv-00057 (M.D. Ga. Sept. 8, 2022).
- Palin v. New York Times Co., No. 1:17-cv-04853 (S.D.N.Y. Feb. 16, 2022).
- Burre v. Utt, 2025-Ohio-29, 260 N.E.3d 716.published
- United States v. Alvarez, 638 F.3d 666 (9th Cir. 2011).published“[T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.”
- Dennis Reeves Cooper v. Gordon A. Dillon, 403 F.3d 1208 (11th Cir. 2005).published“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- United States v. Alvarez, 617 F.3d 1198 (9th Cir. 2011).published“[T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.”
- Harman v. City of New York, 140 F.3d 111 (2d Cir. 1998).published“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Planned Parenthood of the Columbia/Willamette, Inc. v. Am. Coalition of Life Activists, 290 F.3d 1058 (9th Cir. 2002).published“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Gertrude Barnstone v. Univ. of Houston, Kuht-Tv, 660 F.2d 137 (5th Cir. 1981).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- Collopy v. City of Hobbs, 27 F. App'x 980 (10th Cir. 2001).unpublished“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit, 796 S.E.2d 604 (W. Va. 2017).published“[T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection”
- Donald E. Muir, H. Jeff Buttram, & O. Navarro Faircloth v. Alabama Educ. Television Comm'n: Jacob Walker, Etc., Gertrude Barnstone & Harvey Malyn v. The Univ. of Houston, Kuht-Tv, 688 F.2d 1033 (5th Cir. 1982).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- Evans v. Am. Fed'n of Television & Radio Artists, 354 F. Supp. 823 (S.D.N.Y. 1973).published“speech concerning public affairs is more than self expression; it is the essence of self-government”
- Muir v. Alabama Educ. Television Comm'n, 688 F.2d 1033 (5th Cir. 1982).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003).published“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”
- David B. Miller v. Town of Hull, 878 F.2d 523 (1st Cir. 1989).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- Gaylord Ent. Co. v. Thompson, 1998 OK 30, 958 P.2d 128.published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- Opinion No. (Ark. Att'y Gen. 2011).published“[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.”
- West v. Frank, 492 F. Supp. 2d 1040 (W.D. Wis. 2007).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
- Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Bruce Evan Murch Catherine Ramey Dawn Marie Stover Charles Wysong, & Monica Migliorino Miller Donald Treshman, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Joseph L. Foreman Stephen P. Mears Monica Migliorino Miller Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, & Michael Dodds Charles Roy McMillan Bruce Evan Murch, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Michael Dodds Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman, & Timothy Paul Dreste Joseph L. Foreman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., & Karen Sweigert, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Catherine Ramey Dawn Marie Stover, & Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Donald Treshman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, Paul Deparrie, Movant-Appellant. Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Ctr. Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. Karen Sweigert, M.D., Individually & on Behalf of All Persons Similarly Situated v. Am. Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David Crane Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, 290 F.3d 1058 (9th Cir. 2002).published“[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.”
- MacDonald v. Chicago Park Dist., 976 F. Supp. 1125 (N.D. Ill. 1997).published“speeeh concerning public affairs is more than self-expression; it is the essence of self-government.”
- Philadelphia Fire Fighters' Union Local 22 v. City of Philadelphia, 286 F. Supp. 2d 476 (E.D. Pa. 2003).published“Speech concerning public affairs is more than self-expression; it is the essence of self-government.”
- Esperanza Peace & Just. Ctr. v. City of San Antonio, 316 F. Supp. 2d 433 (W.D. Tex. 2001).published“speech concerning public affairs is more than self-expression; it is the essence of self-government”
At page 73 Protecting free expression against false statements about public officials44 citing cases“debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth.”
- Juliette Grimmett v. Nancy Freeman, 59 F.4th 689 (4th Cir. 2023).published The same sort of reasoning explains why a State may outlaw cross burning (and only cross burning) done with the intent to intimidate: “because burning a cross is a particularly virulent form of intimidation.” Virginia v. Black, 538 U.S. 34…
- Alfred R. Pierce v. Capital Cities Commc'ns, Inc., 576 F.2d 495 (3d Cir. 1978).published “Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute…”
- Matter of Westfall, 808 S.W.2d 829 (Mo. 1991).published “moreover, even where the utterance is false, the great principles of the constitution which secure freedom of expression in this area preclude attaching adverse consequences to any except the knowing or reckless falseho…”
- Rick Bertrand v. Rick Mullin & the Iowa Democratic Party, 846 N.W.2d 884 (Iowa 2014).published Ed. 2d at 42–44 (discussing attacks based on private conduct in political campaigns); Garrison, 379 U.S. at 72–73, 85 S. Ct. at 215 , 13 L.
- United States v. Alvarez, 567 U.S. 709 (2012).published See also, e.g., Virginia Bd. of Pharmacy, supra, at 771 (“Untruthful speech, commercial or otherwise, has never been protected for its own sake”); Herbert v. Lando, 441 U. S. 153, 171 (1979) (“Spreading false information in and of itself c…
- BE&K Constr. Co. v. Nat'l Labor Relations Bd., 536 U.S. 516 (2002).published (Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred)
- Journal Publ'g Co. v. Derwood McCullough, No. 97-CA-00447-SCT (Miss. Feb. 28, 1997).published (even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any except the knowing or reckless falsehood. Debat…)
- Florida Star v. B. J. F., 491 U.S. 524 (1989).published
- Old Dominion Branch No. 496 v. Austin, 418 U.S. 264 (1974).published
- C. R. Grove v. Dun & Bradstreet, 438 F.2d 433 (3d Cir. 1971).published
Show 34 more citing cases
- United States v. Nolan L. Poocha, 259 F.3d 1077 (9th Cir. 2001).published
- Williams v. Trust Co. of Ga., 230 S.E.2d 45 (Ga. Ct. App. 1976).published
- In re Kay, 464 P.2d 142 (Cal. 1970).published
- Herron v. Tribune Publ'g Co., 736 P.2d 249 (Wash. 1987).published
- Price v. Viking Penguin, Inc., 676 F. Supp. 1501 (D. Minn. 1988).published
- Basilius v. Honolulu Pub. Co., 711 F. Supp. 548 (D. Haw. 1989).published
- Gibson v. Maloney, 263 So. 2d 632 (Fla. 1st DCA 1972).published
- Fecteau v. George J. Foster & Co., 418 A.2d 1265 (N.H. 1980).published
- Hofmann Co. v. E. I. Du Pont De Nemours & Co., 202 Cal. App. 3d 390 (Cal. Ct. App. 1988).published
- Aisenson v. Am. Broad. Co., 220 Cal. App. 3d 146 (Cal. Ct. App. 1990).published
- Rollenhagen v. City of Orange, 116 Cal. App. 3d 414 (Cal. Ct. App. 1981).published
- Mullins v. Brando, 13 Cal. App. 3d 409 (Cal. Ct. App. 1970).published
- Bradbury v. Superior Court, 49 Cal. App. 4th 1108 (Cal. Ct. App. 1996).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2003).published
- Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016).published
- State v. Baumgartner, 2004 Ohio 3908 (Ohio Ct. App. 6th Dist. 2004).unpublished
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2002).published
- Posner v. Lewis, 965 N.E.2d 949 (N.Y. 2012).published
- Summit Bank v. Rogers, 206 Cal. App. 4th 669 (Cal. Ct. App. 2012).published
- Figari v. New York Tel. Co., 32 A.D.2d 434 (N.Y. App. Div. 2d Dep't 1969).published
- Cohen v. New York Herald Tribune, Inc., 63 Misc. 2d 87 (N.Y. Sup. Ct. 1970).published
- State v. Schwing, 328 N.E.2d 379 (Ohio 1975).published
- Grove v. Dun & Bradstreet, Inc., 438 F.2d 433 (3d Cir. 1971).published
- Donald J. Trump for President, Inc. v. CNN Broad., Inc., 500 F. Supp. 3d 1349 (N.D. Ga. 2020).published
- William Ervin Edwards v. State of Mississippi, 294 So. 3d 671 (Miss. Ct. App. 2020).published
- Rodriguez-Cotto v. Gonzalez-Colon, No. 23-1626 (1st Cir. Aug. 4, 2026).published
- Curtis Publ'g Co. v. Butts, 388 U.S. 130 (1967).published
- Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988).published
- William P. Tavoulareas, Peter Tavoulareas v. Philip Piro. William P. Tavoulareas, Peter Tavoulareas v. The Washington Post Co., D/B/A the Washington Post, a Delaware Corp., 759 F.2d 90 (D.C. Cir. 1985).published
- Finebaum v. Coulter, 854 So. 2d 1120 (Ala. 2003).published
- New Times, Inc. v. Isaacks, 146 S.W.3d 144 (Tex. 2004).published
- Stepien v. Franklin, 528 N.E.2d 1324 (Ohio Ct. App. 8th Dist. 1988).published
- Tavoulareas v. Piro, 759 F.2d 90 (D.C. Cir. 1985).published
- Coplin v. Fairfield Pub. Access Television Comm., 111 F.3d 1395 (8th Cir. 1997).published“In any event, where the criticism is of public officials and their conduct of public business, the interest in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemin…”
At page 77 Protecting public interest in official conduct criticism43 citing casesThe public-official rule protects the paramount public interest in a free flow of information to the people concerning public officials, their servants. To this end, anything which might touch on an official’s fitness for office is relevant.
- Murray v. Shaw, No. 2024-0640 (D.D.C. Mar. 26, 2025).published(The public-official rule protects the paramount public interest in a free flow of information to the people concerning public officials, their servants.)
- Rogers v. Smith, 603 F. Supp. 3d 295 (E.D. La. 2022).published([W]e hold that the Louisiana [criminal defamation] statute, as authoritatively interpreted by the Supreme Court of Louisiana, incorporates constitutionally invalid standards in the context of criticism of the official…)
- Susan Lewis King v. Ken Paxton, 576 S.W.3d 881 (Tex. App.—Austin 2019).published(The public-official rule protects the paramount public interest in a free flow of information to the people concerning public officials, their servants. To this end, anything which might touch on an official’s fitness…)
- Vassallo v. Bell, 534 A.2d 724 (N.J. Super. Ct. App. Div. 1987).published Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 775-776 , 106 S.Ct. 1558, 1563-1564 , 89 L.Ed. 2d 783, 792 (1986); Garrison v. Louisiana, supra, 379 U.S. at 74 , 85 S.Ct. at 215 , 13 L.Ed. 2d at 132 ("a public official might be allow…
- Ivey v. State, 821 So. 2d 937 (Ala. 2001).published
- Rogers v. Hon Mroz, 479 P.3d 410 (Ariz. Ct. App. 2020).published
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published
- Time, Inc. v. Firestone, 424 U.S. 448 (1976).published
- Wisconsin Jud. Comm'n v. Gableman, 2010 WI 61, 784 N.W.2d 605.published
- Pell v. Procunier, 417 U.S. 817 (1974).published
Show 33 more citing cases
- Houchins v. KQED, Inc., 438 U.S. 1 (1978).published
- PG Publ'g Co v. Carol Aichele, 705 F.3d 91 (3d Cir. 2013).published
- Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 446 (Ind. 1999).published
- Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785 (Wyo. 1983).published
- El Dia, Inc. v. Hernandez Colon, 783 F. Supp. 15 (D.P.R. 1991).published
- Whitehead v. Nevada Com'n on Jud. Discipline, 893 P.2d 866 (Nev. 1995).published
- Weston v. State, 528 S.W.2d 412 (Ark. 1975).published
- Colombo v. Times-Argus Ass'n, 380 A.2d 80 (Vt. 1977).published
- Stevens v. Iowa Newspapers, Inc., 728 N.W.2d 823 (Iowa 2007).published
- State ex rel. Bilder v. Twp. of Delavan, 334 N.W.2d 252 (Wis. 1983).published
- Sisler v. Gannett Co., 516 A.2d 1083 (N.J. 1986).published
- Green v. Rogers, 895 N.E.2d 647 (Ill. App. Ct. 2d Dist. 2008).published
- DiSalle v. P.G. Publ'g Co., 544 A.2d 1345 (Pa. Super. Ct. 1988).published
- Ghafur v. Bernstein, 131 Cal. App. 4th 1230 (Cal. Ct. App. 2005).published
- Wolfgram v. Wells Fargo Bank, 53 Cal. App. 4th 43 (Cal. Ct. App. 1997).published
- Kapellas v. Kofman, 459 P.2d 912 (Cal. 1969).published
- State of New Jersey v. William Burkert, 135 A.3d 150 (N.J. Super. Ct. App. Div. 2016).published
- Daniel Greer & Fix the Facts Found. v. Salem Abraham, 489 S.W.3d 440 (Tex. 2016).published
- Wade Brady v. Leaanne Klentzman & Carter Publications, Inc., 515 S.W.3d 878 (Tex. 2017).published
- Richard Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017).published
- Todd M. Stevens v. Iowa Newspapers, Inc., No. 78 / 04-0987 (Iowa Mar. 9, 2007).published
- Justin Fairfax v. CBS Corp., 2 F.4th 286 (4th Cir. 2021).published
- Maldonado v. Marrero Padilla, 121 P.R. Dec. 705 (1988).published
- Padilla v. WKAQ Radio, 140 P.R. Dec. 178 (1996).published
- Little v. Virginia Ret. Sys., 28 Va. Cir. 411 (Richmond County Cir. Ct. 1992).published
- Fraternal Order of Police-Metro. Police Dep't Labor Comm. v. Dist. of Columbia, No. 21-CV-0511 (D.C. Mar. 2, 2023).published
- Berge v. Sch. Comm. of Gloucester, 107 F.4th 33 (1st Cir. 2024).published
- Delashaw v. Seattle Times Co., No. 2:18-cv-00537 (W.D. Wash. July 14, 2020).
- Plante v. Long, No. YORcv-13-148 (Me. Super. Ct Nov. 7, 2016).unpublished
- Kentucky Democratic Party v. Jerry (Jerome) Gearding, No. 2023-CA-1268 (Ky. Ct. App. Apr. 18, 2025).unpublished
- Jerry Gearding v. Kentucky Democratic Party, No. 2023-CA-1317 (Ky. Ct. App. Apr. 18, 2025).unpublished
- Micahn T. Carter v. Mary E. Jones, 581 P.3d 1050 (Wash. Ct. App. 2025).published
- Fiacco v. Sigma Alpha Epsilon Fraternity, 528 F.3d 94 (1st Cir. 2008).published“The public-official rule protects the paramount public interest in a free flow of information to the people concerning public officials, their servants. To this end, anything which might touch on an official’s fitness…”
At page 67 Limiting state power in criminal libel prosecutions17 citing casesapplying New York Times Co. v. Sullivan analysis in context of criminal libel prosecution of district attorney based on public criticism of local judges
- Juliette Grimmett v. Nancy Freeman, 59 F.4th 689 (4th Cir. 2023).published (rejecting, at least “[w]here criticism of public officials is concerned,” the traditional breach-of-the-peace justifications for criminal libel laws)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 10, 2015).published (applying New York Times Co. v. Sullivan analysis in context of criminal libel prosecution of district attorney based on public criticism of local judges)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 8, 2015).published (applying New York Times Co. v. Sullivan analysis in context of criminal libel prosecution of district attorney based on public criticism of local judges)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Sept. 1, 2015).published (applying New York Times Co. v. Sullivan analysis in context of criminal libel prosecution of district attorney based on public criticism of local judges)
- Perry, Ex Parte James Richard \Rick\"", No. PD-1067-15 (Tex. Crim. App. Aug. 18, 2015).published (applying New York Times Co. v. Sullivan analysis in context of criminal libel prosecution of district attorney based on public criticism of local judges)
- Matter of Westfall, 808 S.W.2d 829 (Mo. 1991).published But see Garrison, 379 U.S. at 73 , 85 S.Ct. at 215 (“Moreover, even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any excep…
- Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829 (1978).published
- Faxon v. Michigan Repub. State Cent. Comm., 624 N.W.2d 509 (Mich. Ct. App. 2001).published
- United States v. Handler, 383 F. Supp. 1267 (D. Md. 1974).published
- Wood v. State, 577 S.W.2d 477 (Tex. Crim. App. 1978).published
Show 7 more citing cases
- People v. Stanistreet, 58 P.3d 465 (Cal. 2002).published
- Mandel v. Mitchell, 325 F. Supp. 620 (E.D.N.Y. 1971).published
- Parmelee v. O'NEEL, 186 P.3d 1094 (Wash. Ct. App. 2008).published
- Grimmett v. Circosta, No. 1:22-cv-00568 (M.D.N.C. Aug. 9, 2022).
- Datko v. Dunn, No. 24CA1275 (Colo. Ct. App. July 3, 2025).unpublished
- Eakins v. Nevada, 219 F. Supp. 2d 1113 (D. Nev. 2002).published“[wjhere criticism of public officials is concerned, [there is] no merit in the argument that criminal libel statutes serve interests distinct from those secured by civil libel laws, and therefore should not be subject…”
- Hamilton v. City of San Bernardino, 107 F. Supp. 2d 1239 (C.D. Cal. 2000).published“[wjhere criticism of public officials is concerned, [there is] no merit in the argument that criminal libel statutes serve interests distinct from those secured by civil libel laws, and therefore should not be subject…”
At page 78 Challenging statute punishing true statements with actual malice9 citing casesactual malice does not mean "hatred, ill will or enmity or a wanton desire to injure
- Juliette Grimmett v. Nancy Freeman, 59 F.4th 689 (4th Cir. 2023).published The same sort of reasoning explains why a State may outlaw cross burning (and only cross burning) done with the intent to intimidate: “because burning a cross is a particularly virulent form of intimidation.” Virginia v. Black, 538 U.S. 34…
- De-Jesus-Mangual v. Fuentes-Agostini, 317 F.3d 45 (1st Cir. 2003).published See 379 U.S. at 74 ("We held in New York Times that a public official might be allowed the civil remedy only if he establishes that the utterance was false . . . .
- Eberle v. Mun. Court, 55 Cal. App. 3d 423 (Cal. Ct. App. 1976).published
- Aisenson v. Am. Broad. Co., 220 Cal. App. 3d 146 (Cal. Ct. App. 1990).published
- Good Gov't Grp. of Seal Beach, Inc. v. Superior Court, 586 P.2d 572 (Cal. 1978).published
- A. S. Abell Co. v. Barnes, 265 A.2d 207 (Md. 1970).published
- Jay Campbell v. Citizens for Honest, No. 00-1411 (8th Cir. July 10, 2001).published
- Shaari v. Harvard Student Agencies, Inc., 691 N.E.2d 925 (Mass. 1998).published
- Matter of Austin Knudsen, 2025 MT 304, 582 P.3d 87.unpublished
At page 80 Stifling public discussion through libel prosecution9 citing cases“S. 254, a majority of the Court held that criticism of an”
- Rosenbloom v. Metromedia, Inc., 403 U.S. 29 (1971).published
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).published
- Frese v. Formella, 53 F.4th 1 (1st Cir. 2022).published
- Stone v. Essex Cnty. Newspapers, Inc., 330 N.E.2d 161 (Mass. 1975).published
- Stone v. Essex Cnty. Newspapers, Inc., 311 N.E.2d 52 (Mass. 1974).published
- Greenbelt Coop. Publ'g Assn., Inc. v. Bresler, 398 U.S. 6 (1970).published
- Monitor Patriot Co. v. Roy, 401 U.S. 265 (1971).published
- New York Times Co. v. United States, 403 U.S. 713 (1971).published
- Cox Broad. Corp. v. Cohn, 420 U.S. 469 (1975).published
At page 79 Defeasance of qualified privilege requires reckless disregard for truth8 citing cases“the test which we laid down in new york times is not keyed to ordinary care; defeasance of the privilege is conditioned, not on mere negligence, but on reckless disregard for the truth.”
- Eberle v. Mun. Court, 55 Cal. App. 3d 423 (Cal. Ct. App. 1976).published
- Mullins v. Brando, 13 Cal. App. 3d 409 (Cal. Ct. App. 1970).published
- McDonald v. Smith, 472 U.S. 479 (1985).published
- Frese v. Formella, 53 F.4th 1 (1st Cir. 2022).published
- Stone v. Essex Cnty. Newspapers, Inc., 330 N.E.2d 161 (Mass. 1975).published
- Stone v. Essex Cnty. Newspapers, Inc., 311 N.E.2d 52 (Mass. 1974).published
- Beilenson v. Superior Court, 44 Cal. App. 4th 944 (Cal. Ct. App. 1996).published
- Pauling v. Nat'l Review, Inc., 49 Misc. 2d 975 (N.Y. Sup. Ct. 1966).published
At page 72 Limitation on truth defense in libel cases7 citing casesendorsing absolute defense of truth “where discussion of public affairs is concerned,” but leaving unsettled the constitutional implications of truthfulness “in the discrete area of purely private libels
- Florida Star v. B. J. F., 491 U.S. 524 (1989).published
- Jurkowski v. Crawley, 637 P.2d 56 (Okla. 1981).published
- Miller v. Woods, 349 S.E.2d 505 (Ga. Ct. App. 1986).published
- Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 2003).published
- Sindorf v. Jacron Sales Co., 341 A.2d 856 (Md. Ct. Spec. App. 1975).published
- Citizens Against Gov. Takeover v. Giarrusso, 490 So. 2d 510 (La. Ct. App. 1986).published
- Loshonkohl v. Kinder, 109 Cal. App. 4th 510 (Cal. Ct. App. 2003).published
13 L. Ed. 2d at 135 Limiting basis for criminal libel against public figures4 citing casescriminal libel of public figure cannot be based on finding of “ill will or enmity or a wanton desire to injure
- Gottschalk v. State, 575 P.2d 289 (Alaska 1978).published
- Barreca v. Nickolas, 683 N.W.2d 111 (Iowa 2004).published
- Caveman Adventures UN, Ltd. v. Press-Citizen Co., 633 N.W.2d 757 (Iowa 2001).published
- Burke v. Deiner, 479 A.2d 393 (N.J. 1984).published
85 S. Ct. at 212 Protecting robust and uninhibited debate on public issues4 citing cases
- Matter of Westfall, 808 S.W.2d 829 (Mo. 1991).published But see Garrison, 379 U.S. at 73 , 85 S.Ct. at 215 (“Moreover, even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any excep…
- People v. Ryan, 806 P.2d 935 (Colo. 1991).published
- Pierce v. Capital Cities Commc'ns, Inc., 427 F. Supp. 180 (E.D. Pa. 1977).published
- Commonwealth v. ARMAO, 286 A.2d 626 (Pa. 1972).published
At page 76 Analyzing defamation regarding official conduct versus personal integrity4 citing cases“The court concluded that "Defendant's expressions . . . are not criticisms of a court trial or of the manner in which any one of the eight judges conducted his court when in session.”
- Aisenson v. Am. Broad. Co., 220 Cal. App. 3d 146 (Cal. Ct. App. 1990).published
- United States v. Anten, No. 24-7261 (9th Cir. July 27, 2026).published
- Grillo v. Smith, 144 Cal. App. 3d 868 (Cal. Ct. App. 1983).published
- Raboczkay v. Taylor, City of, No. 2:19-cv-10255 (E.D. Mich. June 17, 2021).
At page 70 Analyzing narrowness of criminal libel statute4 citing casesholding that Louisiana’s criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published Amant v. Thompson, 390 U.S. 727, 732 (1968)) (internal quotation marks omitted)); Garrison v. Louisiana, 379 U.S. 64, 75 (1964) (“[T]he knowingly false statement and the false statement made with reckless disregard of the truth, do not enj…
- Belli v. Curtis Publ'g Co., 25 Cal. App. 3d 384 (Cal. Ct. App. 1972).published
- Eberle v. Mun. Court, 55 Cal. App. 3d 423 (Cal. Ct. App. 1976).published
At page 69 Eroding justification for criminal libel prosecutions3 citing cases“under modern conditions, when the rule of law is generally accepted as a substitute for private physical measures, it can hardly be urged that the maintenance of peace requires a criminal prosecution for private defamation.”
- People v. Golb, 15 N.E.3d 805 (N.Y. 2014).published
- Counterman v. Colorado, 600 U.S. 66 (2023).published
At page 66 “[t]he principal charges alleged to be defamatory were his attribution of a large backlog of pending criminal cases to the inefficiency, laziness, and excessive vacations of the judges”1 citing case
- F.R.Y. v. Lee, 2013 COA 100, 408 P.3d 843.published“[t]he principal charges alleged to be defamatory were his attribution of a large backlog of pending criminal cases to the inefficiency, laziness, and excessive vacations of the judges”
At page 88 “Even the law of privacy ... recognizes severe limitations where public figures or newsworthy facts are concerned.”1 citing case
- United States v. Huntley, 943 F. Supp. 2d 383 (E.D.N.Y. 2013).published“Even the law of privacy ... recognizes severe limitations where public figures or newsworthy facts are concerned.”
At page 132 [W]here the criticism is of public officials and their conduct of public business, the interest in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemination of truth.1 citing case
- Rick Bertrand v. Rick Mullin & the Iowa Democratic Party, 846 N.W.2d 884 (Iowa 2014).published ([W]here the criticism is of public officials and their conduct of public business, the interest in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemination of tru…)
Other citing cases
- Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App.—Austin 2015).published
- Smith v. Pace, 313 S.W.3d 124 (Mo. 2010).published
- Brand v. Casso, 742 S.W.2d 726 (Tex. App.—Corpus Christi 1987).published
- Luper v. Black Dispatch Publ'g Co., 675 P.2d 1028 (Okla. Civ. App. 1984).published
- Silsdorf v. Levine, 85 A.D.2d 297 (N.Y. App. Div. 1st Dep't 1982).published
- Rinaldi v. Holt, Rinehart & Winston, Inc., 366 N.E.2d 1299 (N.Y. 1977).published
- Norris, No. 5:26-cv-05005 (W.D. Ark. June 1, 2026).
- Royce McLin v. Jason Ard, 866 F.3d 682 (5th Cir. 2017).published
v.
Louisiana
Lead Opinion
delivered the opinion of the Court.
Appellant is the District Attorney of Orleans Parish, Louisiana, During a dispute with the eight judges of[*65] the Criminal District Court of the Parish, he held a press - conference at which he issued a statement disparaging their judicial conduct. As a result, he was tried without -a jury before a judge from another parish and convicted of criminal defamation under the Louisiana Criminal Defamation Statute.[1] The principal charges alleged to[*66] be defamatory were his attribution of a large backlog of pending criminal cases to the inefficiency, laziness, and excessive vacations of the judges, and his accusation that, by refusing to authorize disbursements to cover the expenses of undercover investigations of vice in New Orleans, the judges had hampered his efforts to enforce the vice laws. In impugning their motives, he said:
“The judges have now made it eloquently clear where their sympathies lie in regard to aggressive vice investigations by refusing to authorize use of the DA’s funds to pay for the cost of closing down the Canal Street clip joints ....
“. . . This raises interesting questions_about the racketeer influences on our eight vacation-minded judges.” [2]
[*67] The Supreme Court of Louisiana affirmed the conviction, 244 La. 787, 154 So. 2d 400. The trial court and the State Supreme Court both rejected appellant’s contention that the statute unconstitutionally abridged his freedom of expression. We noted probable jurisdiction of the appeal. 375 U. S. 900. Argument was first heard in the 1963 Term, and the case was ordered restored to the calendar for reargument, 377 U. S. 986. We reverse.
I.
In New York Times Co. v. Sullivan, 376 U. S. 254, we held that the Constitution limits state power, in a civil action brought by a public official for criticism of his official conduct, to an award of damages for a false statement “made with ‘actual malice’ — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” 376 U. S., at 279-280. At the outset, we . must decide whether, in view of the differing history and purposes of criminal libel, the New York Times rule also limits state power to impose criminal sanctions for criticism of the official conduct of' public officials. We hold that it does.
Where criticism of public officials is concerned, we see no merit in the argument that criminal libel statutes serve interests'distinct from those secured by civil libel laws, and therefore should not be subject to the same limitations.[3] At common law, truth was no defense to criminal[*68] libel. Although the victim of a true but defamatory publication might not have been unjustly damaged in reputation by the libel, the speaker was still punishable since the remedy was designed to avert the possibility that the utterance would provoke an enraged victim to a breach of peace. That argument is well stated, in Edward Livingston’s explanation of the defamation provisions, of his proposed penal code for Louisiana:
“In most cases, the, connexion between cause and effect exists between the subject of this chapter and that of a subsequent one — Of Duels. Defamation, either real or supposed, is the cause of most of those combats which no laws have yet been able to suppress. If lawgivers had originally condescended to pay Some attention to the passions and feelings of those for whom they were to legislate, these appeals to arms would never have usurped a power superior to the laws; but by affording no satisfaction for the wounded feelings of honour, they drove individuals to avenge all wrongs of that description, denied a place in the code of criminal law. Insults formed a title in that of honour, which claimed exclusive jurisdiction of this offence.” Livingston, A System of Penal Law for the State of Louisiana, at 177 (1833).[4]
[*69] Even in Livingston’s day, however, preference for the civil remedy, which enabled the frustrated victim to trade chivalrous satisfaction for damages, had substantially eroded the breach of the peace justification for criminal libel laws. In fact, in earlier, more violent, times, the civil remedy had virtually pre-empted the field of defamation; except as a weapon against seditious libel, the criminal prosecution fell into virtual desuetude.[5] Changing mores and the virtual disappearance of criminal libel prosecutions lend support to the observation that “. . . under modern conditions, when the rule of law is generally accepted as a substitute for private physical measures, it can hardly be urged that the maintenance of peace requires. a criminal prosecution for private defamation.” Emerson, Toward a General Theory of the First Amendment, 72 Yale L. J. 877, 924 (1963).[6] The absence in the Proposed Official Draft of the Model Penal Code of the American Law Institute of .any criminal libel statute on the Louisiana pattern reflects this modern consensus. The ALI Reporters, in explaining the omission, gave cogent evidence of the obsolescence of Livingston’s justification:
“It goes without saying that penal sanctions cannot be justified merely by the fact that defamation is evil[*70] or damaging to a person in ways that entitle him to maintain a civil suit. Usually we reserve the criminal law for harmful behavior which exceptionally disturbs the community’s sense of security. . . . It seems evident that personal calumny falls in neither of these classes in the U. S. A., that it is therefore inappropriate for penal control, and that this probably accounts for the paucity of prosecutions and the near desuetude of private criminal libel legislation in this country. . . .” Model Penal Code, Tent. Draft No. 13, 1961, § 250.7, Comments, at 44.
The Reporters therefore recommended only narrowly drawn statutes designed to reach words tending to cause a breach of the peace, such as the statute sustained in Chaplinsky v. New Hampshire, 315 U. S. 568, or. designed to reach speech, such as group vilification, “especially likely to lead to public disorders,” such as the statute sustained in Beauharnais v. Illinois, 343 U. S. 250. Model Penal Code, supra, at 45. But Louisiana’s rejection of the clear-and-present-danger standard as irrelevant to the application of its statute, 244 La., at 833, 154 So. 2d, at 416, coupled with the absence of any limitation in the statute itself to speech calculated to cause breaches of the peace, leads us to conclude that the Louisiana statute is not this sort of narrowly drawn statute.
We next consider whether the historical limitation of the defense of truth in criminal libel to utterances published “with good motives and for justifiable ends”[7] [*71] should be incorporated into the New York Times rule as it applies to criminal libel statutes; in particular, we must ask whether this history permits negating the truth defense, as the Louisiana statute does, on a showing of[*72] malice in the sense of ill-will. The “good motives” restriction incorporated, in many state constitutions and statutes to reflect Alexander Hamilton’s unsuccessfully urged formula in People v. Croswell, 3 Johns. Cas. 337, 352 (N. Y. Supreme Court 1804), liberalized the common-law rule denying any defense for truth. See Ray, Truth: A Defense to Libel, 16 Minn. L. Rev. 43, 46-49 (1931); Kelly, Criminal Libel and Free Speech, 6 Kan. L. Rev. 295, 326-328 (1958). We need not be concerned whether this limitation serves a legitimate state interest to the extent that it reflects abhorrence that “a man’s forgotten misconduct, of the misconduct of a relation, in which the public had no interest, should be wantonly raked up, and published to the world, on the ground of its being true.” 69 Hansard, Parliamentary Debates 1230 (3d series) (H. L. June .l, 1843) (Report of Lord Campbell) (emphasis supplied).[8] In any event, where the’criticism is of[*73] public officials and their conduct of public business, the interest in private reputation is overborne by the larger public interest, secured by the Constitution, in the dissemination of truth.[9] In short, we agree with the New Hampshire court in State v. Burnham, 9 N. H. 34, 42-43, 31 Am. Dec. 217, 221 (1837):
“If upon a lawful occasion for making a publication, he has published the truth, and no more, there is no sound principle which can make him liable, even if he was actuated by express malice. . . .
“It has been said that it is lawful to publish truth from good motives, and for justifiable ends. But this rule is too. narrow. If there is a lawful occasion — a legal right to. make a publication — and the matter true, the end is justifiable, and that, in such case, must be sufficient.”
Moreover, even where the. utterance is false, the great principles of the Constitution which secure freedom of expression in this, area preclude attaching adverse consequences to any except the knowing or reckless falsehood. Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth. Under a rule like the Louisiana rule, permitting a finding of malice based on an intent merely to inflict, harm, rather than an intent to inflict harm through falsehood, “it becomes a hazardous matter to speak out against a popular politician, with the result that the dishonest and incompetent will be shielded.” Noel, Def[*74]amation of Public Officers and Candidates, 49 Col. L. Rev. 875, 893 (1949). Moreover, “[i]n the case of charges against a popular political figure ... it maybe almost impossible to show freedom from ill-will or selfish political motives.” Id., at 893, n. 90. Similar considerations supported our holdings that federal officers enjoy an absolute privilege for defamatory publication within the scope of official duty, regardless of the existence of malice in the sense of ill-will. Barr v. Matteo, 360 U. S. 564; Howard v. Lyons, 360 U. S. 593; cf. Gregoire v. Biddle, 177 F. 2d 579 (C. A. 2d Cir. 1949). What we said of Alabama’s civil libel law in New York Times, 376 U. S., at 282-283, applies equally to the Louisiana criminal libel rule: “It would give public servants an unjustified preference over the public they serve, if critics of official conduct did not have a fair equivalent of the immunity granted to the officials themselves.”
We held in New York -Times that a public official might be allowed the civil remedy only if he establishes that the utterance was false and that it was made with knowledge of its falsity or in reckless disregard of whether it was false or true. The reasons which led us. so to hold in New York Times, 376 U. S., at 279-280, apply with no less force merely because the remedy is criminal. The constitutional guarantees of freedom of expression compel application of the same standard to the criminal remedy. Truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned. And since “. . . erroneous statement is inevitable in free debate, and ... it must be protected if the freedoms of expression are to have the ‘breathing space’ that they ‘need ... to survive’. . . ,” 376 U. S., at 271-272, only those false statements made with the high degree of awareness of their probable falsity demanded by New York Times may be the subject of either civil or criminal sanctions. For speech concerning public affairs is[*75] more than self-expression; it is the essence of self-government. The First and Fourteenth Amendments embody our “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” New York Times Co. v. Sullivan, 376 U. S., at 270.
The use of calculated falsehood, however, would put a different cast on the constitutional question. Although honest utterance, even if inaccurate, may further the fruitful exercise of the right of free speech, it does not follow that the lie, knowingly and deliberately published about a public official, should enjoy a like immunity. At the time the First Amendment was adopted, as today, there were those unscrupulous enough and skillful enough to use the deliberate or reckless falsehood as an effective political tool to unseat the public servant or even topple an administration. Cf. Riesman, Democracy and Defamation : Fair Game and Fair Comment I, 42 Col. L. Rev. 1085, 1088-1111 (1942). That speech is used as a tool for political ends does not automatically bring it under the protective -mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. Calculated falsehood falls into that class of utterances which “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. .-. .” Chaplinsky v. New Hampshire, 315 U. S. 568, 572. Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.
[*76] II.
We find no difficulty in bringing the appellant’s statement within-the purview of criticism of the official conduct of public officials, entitled to the benefit of the New York Times rule. As the Louisiana Supreme Court viewed the statement, it constituted an attack upon the personal integrity of the judges, rather than on official conduct. In sustaining the finding of the trial court that the appellant’s statement was defamatory, the Louisiana Supreme Court held that “. . . the use of the words 'racketeer influences’ when applied to anyone suggests and imputes that he has been influenced to practice fraud, deceit, trickery, cheating, and dishonesty”; that “The expression that the judges have enjoyed 300 days vacation out of 19 months suggests and connotes a violation of the ‘Deadhead’ statute, LSA-R. S. 14:138, Public Payroll Fraud”; that “Other expressions set out in the Bill of Information connote malfeasance in office. LSA-R. S.. 14:134; Art. IX, Sec. 1, La. Const, of 1921.” The court concluded that “Defendant’s expressions . . . are not criticisms of a court trial or of the manner in which any one of the eight judges conducted his court when in session. The expressions charged contain personal attacks upon the integrity and honesty of the eight judges . . . .” 244 La., at 834-835, 154 So. 2d, at 417-418.
We do not think, however, that appellant’s statement, may be considered as one constituting only a purely private defamation. The accusation concerned the judges’ conduct of the business of the Criminal District Court.[10] [*77] Of course, any criticism of the manner in which a public official performs his duties will tend to affect his private, as well as his public, reputation. The New York Times rule is not rendered inapplicable merely because an official’s private reputation, as. well as his public reputation, is harmed. The public-official rule protects the paramount public interest in a free flow of information to the people concerning public officials, their servants. To this end, anything which might touch on an official’s fitness for office is relevant. New personal attributes are more germane to fitness for office than dishonesty, malfeasance, or improper motivation, even though these characteristics may also affect the official’s private character[11] As the Kansas Supreme Court said in Coleman v. MacLennan, speaking of candidates:
“Manifestly a candidate must surrender to public scrutiny and discussion so much of his private character as affects his fitness for office, and the liberal rule requires no more. But in measuring the extent of a candidate’s profert of character it should always be remembered that the people have good authority for believing that grapes do not grow on thorns nor figs on thistles.” 78 Kan. 711, 739, 98 P. 281, 291 (1908).
HI.
Applying the principles of the New York Times case, we hold that the Louisiana statute, as authoritatively interpreted by the Supreme Court of Louisiana, incorporates constitutionally invalid standards in the context of criticism of the official conduct of public officials.[*78] For, contrary to the New York Times rule, which absolutely prohibits punishment of truthful criticism, the statute directs punishment for true statements made with “actual malice,” see LSA-R. S. § 14:48; State v. Cox, 246 La. 748, 756, 167 So. 2d 352, 355 (1964),, handed down after the New York Times decision; Bennett, The Louisiana Criminal Code, 5 La. L. Rev. 6, 34 (1942). And “actual malice” is defined in the decisions below to mean “hatred, ill will or enmity or a wanton desire to injure . . . .” 244 La., at 851, 154 So. 2d, at 423. The statute is also unconstitutional as interpreted to cover false statements against public officials. The New York Times standard forbids the punishment of false statements/unless made with knowledge of their falsity or in reckless disregard of whether they are true or false. But the Louisiana statute punishes false statements without regard to that test if made with ill-will; even if ill-will is not established, a false statement concerning- public officials can be punished if not made in the reasonable belief of its truth. The Louisiana Supreme Court affirmed the conviction solely on the ground that the evidence sufficed to support the trial court’s finding of ill-will, enmity, or a wanton desire to injure. But the trial court also rested the conviction on additional findings that the statement was false and not made in the reasonable belief of its truth. The judge said:
“It is inconceivable to me that the Defendant could have had a reasonable belief, which could be defined as an honest belief, that not one but all eight of these Judges of the Criminal District Court were guilty of what he charged them with in the defamatory statement. These men have been honored . . . with very high offices .... It is inconceivable to me that all of them could have been guilty of all of the accusations made against them. Therefore, I do[*79] not believe that the qualified privilege under LSA-R. S., Title 14, Section 49, is applicable . . . .”
This is not a holding applying the New York Times test. The reasonable-belief standard applied by the trial judge is not the same as the reckless-d'isregard-of-truth standard. According to the trial court’s opinion, a reasonable belief is one which “an ordinarily prudent man might be able to assign a just and fair reason for”; the suggestion is that under this test the immunity from criminal responsibility in the absence of ill-will disappears on proof that the exercise of ordinary care would have revealed that the statement was false. The test which we laid down in New York Times is not keyed to ordinary card; defeasance of the privilege is conditioned, not on mere negligence, but on reckless disregard for the truth.
Reversed.
La. Rev. Stat., 1950, Tit. 14:
“§ 47. Defamation
“Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:
“(1) To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or
“(2) To expose the memory of one deceased to hatred, contempt, or ridicule; or
“(3) To injuré any person, corporation, or association of persons in his or their business or occupation.
Whoever.commits the crime of defamation shall be fined not more than three thousand dollars, or imprisoned for not more than one year, or both.
“§ 48. Presumption of malice
“Where a- non-privileged defamatory publication or expression is false it is presumed to be malicious unless a justifiable motive for making it is shown.
“Where such a publication or expression is trae, actual malice must be proved in order to convict the offender.
“§ 49. Qualified privilege
• “A qualified privilege exists and actual malice must be proved, regardless of whether the publication is true or false, in the following situatibns:
“(1) Where the publication or expression is a fair and true report of any judicial, legislative, or other public or official proceeding, or of any statement, speech, argument, or debate in the course of the same.
“(2) Where the publication or expression is a comment made in the reasonable belief of its truth, upon,
“(a) The conduct of a person in respect-to public affairs; or
“(b) A thing which the proprietor thereof offers or explains to the public.
“(3) Where the publication or expression is made to a person interested in the communication, by one who is also interested or who[*66] stands in such a relation to the former as to afford a reasonable ground for supposing his motive innocent.
“(4) Where the publication or expression is.made by an attorney or party in a judicial proceeding.”
La. Rev. Stat., 1962 Cum. Supp., Tit. 14:
“§ 50. Absolute privilege . . .."
The dispute between appellant and the judges arose over disbursements from a Fines and Fees Fund, which was to be used to defray expenses of the District Attorney’s office; disbursements could be made only on motion of the District Attorney and approval by a judge of the Criminal District Court. After appellant took office, one of the incumbent judges refused to approve a disbursement from the Fund for furnishings' for appellant's office. When the judge went on vacation prior to his retirement in September 1962, appellant obtained the approval of another judge, allegedly by misrepresenting that the first judge had withdrawn his objection. Thereupon, the eight judges, on October 5, 1962, adopted a rule that no •further disbursements of the District Attorney from the Fund would be approved except with the concurrence of five of the eight judges. .On October 26, 1-962, the judges ruled that disbursements to pay appellant’s undercover agents to conduct investigations of commercial vice in the Bourbon and Canal Street districts of New Orleans[*67] would not be approved, and expressed doubt as to the legality of such a use of the Fund under the State Constitution. A few days later, on November 1, 1962, the judge, now retired, who had turned down the original motion issued a public statement criticizing appellant’s conduct of the office of District Attorney. The next day, appellant held the press conference at which he made the statement for which he was prosecuted.
In affirming appellant’s conviction, before New York Times was handed down, the Supreme Court of Louisiana relied On statements in Both v. United States, 354 U. S. 476, 486-487, and Beauharnais v.[*68] Illinois, 343 U. S. 250, 266, to the effect that libelous utterances are not within the protection of the First and Fourteenth Amendments, and hence can be punished without a showing of clear and present danger. 244 La., at 833-834, 154 So. 2d, at 416-417. For the reasons stated in New York Times, 376 U. S., at 268-269, nothing in Roth or Beauharnais forecloses inquiry into whether the use of libel laws, civil or criminal, to impose sanctions upon criticism of the official conduct of public officials transgresses constitutional limitations protecting freedom of expression. Whether the libel law be civil or criminal, it must satisfy relevant constitutional standards.' '■
Livingston's Code was not adopted, and is not reflected in the current Louisiana statute. His suggested provisions for defamation -appear at pp. 421-425. Of particular interest are Art. 369, exculpat[*69]ing true statements of fact or incorrect opinions as to the qualifications of any person for public office, and Art. 386 (2), exculpating even mistaken observations on' the tendencies or motives of official acts of public officers, but not exculpating false allegations of such motives as would be criminal.
5 Holdsworth, History of English Law, 207-208 (2d ed: 1937); Kelly, Criminal Libel and Free Speech, 6 Kan. L. Rev. 295, 296-303 (1958).
See the letter of Mr. Justice Jackson, when Attorney General of the United States, dated June 11, 1940, and addressed to Senator Millard E. Tydings, 87 Cong. Rec. 5836-5837, in which he stated that the policy of the Attorneys General of the United States was not to prosecute for criticism of public officials.
The following jurisdictions have constitutional or statutory provisions which make truth a defense if published with good motives and for justifiable ends, or some variant thereof:
Alaska Stat., 1962, §11.15.320; Ariz. Rev. Stat. Ann., 1956, § 13-353; Cal. Const., 1879, Art. 1, § 9; Cal. Pen. Code, 1955, § 251; D. C. Code Ann., 1961, §22-2303; Fla. Const., 1885, Declaration of Rights, § 13; Hawaii Rev. Laws, 1955, § 294-6; Idaho Code, 1948,[*71] § 18-4803; Ill. Const., 1870, Art. 2, §4; Ill. Rev. Stat., 1963, Tit. 38, § 27-2; Iowa Const., 1846, Art. I, § 7; Iowa Code, 1962, § 737.4; Kan. Bill of Rights, Const., 1859, §11; Kan. Gen. Stat. Ann., 1949, § 21-2403; Mass. Gen. Laws Ann., 1959, c. 278, § 8 (without “actual malice”); Mich. Const., 1963, Art. I, §19; Minn. Stat., 1961, § 634.05; Miss. Const., 1890, Art. 3, § 13; Miss. Code, 1942 (recompiled 1956), § 2269; Mont. Const., 1889, Art. III, § 10; Mont. Rev. Codes Ann., 1947, § 94-2804; Nev. Const., 1864, Art. I, §9; Nev. Rev. Stat., 1961, §200.510.3; N. J. Const., 1947, Art. 1, ¶6; N. Y. Const., 1938, Art. I, §8; N. Y. Pen. Code, § 1342; N. D. Const., 1889, Art. I, §9; N. D. Cent. Code, 1960, §12-28-04; Ohio Const., 1851, Art. I, § 11; Okla. Const., 1907, Art. 2, §22; Okla. Stat., 1951, Tit. 21, §774; Ore. Rev. Stat., 1953, §163.420; R. I. Const., 1843, Art. I, §20; R. I. Gen. Laws Ann., 1956, §0-6-9; S. D. Const., 1889, Art. VI, § 5; S. D. Code, 1939, § 13.3406; Utah Const., 1895, Art I, §15; Utah Code Ann., 1953, §.77-31-30; Wash. Rev. Code, 1951, §9.58.020; Wis. Const., 1848, Art. I, §3; Wis. Stat., 1961, § 942.01 (3); Wyo. Const., 1890, Art. 1, § 20. Cf. England, Lord Campbell’s Act, 6 & 7 Viet., c. 96, § 6 (1843) (for the public benefit).
In the following jurisdictions truth does operate as a complete defense:
Colo. Const., 1876, Art. II, § 10; Colo. Rev. Stat. Ann., 1953, §40-8-13; Bearman v. People, 91 Colo. 486, 493, 16 P. 2d 425, 427 (1932); Ind. Const., 1851, Art. 1, § 10; State v. Bush, 122 Ind. 42, 23 N. E. 677 (1890); Mo. Const., 1945, Art. I, § 8; Mo. Rev. Stat., 1959, §559.440; Neb. Const., 1875, Art. I, §5; Neb. Rev. Stat., 1943 (1956 reissue), §28-440; Razee v. State, 73 Neb. 732, 103 N. W. 438 (1905); N. M. Const., 1911, Art. II, §17; N. M. Stat. Ann., 1953 (1964 replacement), §40A-11-1 (false and malicious statement) ; N. C. Gen. Stat., 1953. §15-168; S. C. Const., 1895; Art. I, §21; S. C. Code, 1962, §16-161; Vt. Stat. Ann., 1958, Tit. '13, §6560.
Thp following jurisdictions allow greater scope for the defense of truth where criticism of the official conduct of public officials is concerned:
Ala. Const., 1901, Art. 1, § 12 (but Ala. Code, 1940, Tit. 14, § 350 makes truth a defense); Del. Const., 1897, Art. 1, §5; Del. Code[*72] Ann., 1953, Tit. 11, §3506; Ky. Const., 1891, §9; Me. Const., 1820, Art. I, §4; Me. Rev. Stat., 1954, c. 130, §34; State v. Burnham, 9 N. H. 34, 31 Am. Dec. 217 (1837); Pa. Const., 1874, Art. 1, §7; Tenn. Const., 1870, Art. 1, § 19; Tenn. Code Ann., 1955, §§ 39-2704, 23-2603; Tex! Const., 1876, Art. 1, § 8; Tex. Code Crim. Proc. Ann., 1954, Art. 13; Tex. Pen. Code Ann., 1953, Arts. 1290 (1), 1290 (4).
The following jurisdictions have constitutional or statutory provisions under which evidence of the truth may be introduced, but it is unclear whether this operates as a complete defense:
Ark. Const., 1874, Art. 2, § 6; Ark. Stat., 1947 (1964 replacement), Tit. 41, § 2403; Conn. Const., 1£18, Art. First, § 7; Ga. Const., 1877, §2-201; Ga. Code Ann., 1953, §26-2103; Md. Code Ann., 1957, Art. 75, §5; Va. Code Aim., 1950 (1960 replacement), §§18.1-255, 18.1-256.
In one jurisdiction there is no authority in point. See State v. Payne, 87 W. Va. 102, 104 S. E. 288 (1920).
We recognize that different interests may be involved where purely private libels, totally unrelated to public affairs, are concerned; therefore, nothing we say-today is to be taken as intimating any views as to the impact of the constitutional guarantees in the discrete area of purely private libels..
Even the law of privacy, which evolved to meet Lord Campbell’s reservations, .recognizes severe limitations where public figures or newsworthy facts are concerned. See Sidis v. F-R Pub. Corp., 113 F. 2d 806, 809-810 (C. A. 2d Cir. 1940).
In view of our result, we do not decide whether appellant’s statement was factual or merely comment, or whether a State may provide any remedy, civil or criminal, if defamatory comment alone, however vituperative, is directed at public officials. The Louisiana courts held that the privilege for fair comment was excluded in the present case by malice or lack of reasonable care,, and not by the[*77] addition of factual assertions. For different formulations of comment, in the context of the common law fair-comment rule, see 1 Harper and James, The Law of Torts, § 5.28, at 458 (1956); Note, Fair Comment, 62 Harv. L. Rev. 1207, 1213 (1949); Restatement, Torts, § 606, Comment b, § 567 (1938).
See, e.'g., Vernon’s Tex. Pen. Code Ann., 1953, Art. 1290,(2).
Concurrence
concurring.
For reasons stated at greater length in my opinions concurring in New York Times Co. v. Sullivan, 376 U. S. 254, 293, and dissenting in Beauharnais v. Illinois, 343 U. S. 250, 267, as well as in the opinion of Mr. Justice Douglas in this case, infra, p.'80, I concur in reversing the conviction of appellant Garrison, based as it is purely on his public discussion and criticism of public officials. I believe that the First Amendment, made applicable to the States by the Fourteenth, protects every person from having a State or the Federal Government fine, imprison, or assess damages against him when he has been guilty of no conduct, see Giboney v. Empire Storage & Ice Co., 336 U. S. 490, 498, other than expressing an opinion, even though others may believe that his views are unwholesome, unpatriotic, stupid or dangerous. I believe that the Court is mistaken if it thinks that requiring proof that[*80] statements were “malicious” or “defamatory” will really create any substantial hurdle to block public officials from punishing those who criticize the way they conduct their office. Indeed, “malicious,” “seditious,” and other such evil-sounding words often have been invoked to punish people for expressing their views on public affairs. Fining men or sending them to jail for criticizing public officials not only jeopardizes-the free, open public discussion which our Constitution guarantees, but can wholly stifle it. I would hold now and not wait to hold later, compare Betts v. Brady, 316 U. S. 455, overruled in Gideon v. Wainwright, 372 U. S. 335, that under our Constitution there is absolutely no place in this country for the old, discredited English Star Chamber law of seditious criminal libel.
Concurrence
concurring.
I am in hearty agreement with the conclusion of the Court that this prosecution for a seditious libel was unconstitutional. Yet I feel that the gloss which the Court has put on “the freedom of speech” in the First Amendment to reach that result (and like results in other cases) makes that basic guarantee almost unrecognizable.[1]
Recently in New York Times Co. v. Sullivan, 376 U. S. 254, a majority of the Court held that criticism of an[*81] official for official conduct was protected from state' civil libel laws by the First and Fourteenth Amendments, unless there was proof of actual malice. Id.¡ at 279. We now hold that proof .of actual malice is relevant to seditious libel — that seditious libel will lie for a knowingly false statement, or one made with reckless disregard of the truth.
If malice is' all that is-needed, inferences from facts as found by the jury will easily oblige. How can we sit in review on a cold record.and find no evidence of malice (cf. New York Times Co. v. Sullivan, 376 U. S., at 285-288) when it is the commonplace of life that heat and passion subtly turn to malice in actual fact? If “reckless disregard of the truth” is the basis of seditious libel, that nebulous standard could be easily met. The presence of “actual malice” is made critical in seditious libel, as well as in civil actions involving charges against public officials, when in truth there is nothing in. the Constitution about it, any more than there is about “clear and present danger.”
While the First Amendment remains the same, the gloss which the Court has written on it in this field of the discussion of public issues robs it of much vitality.
Why does “the freedom of speech” that the Court is willing to protect turn out to be so pale and tame?
It is because, as my Brother Black has said,[2] the Bill of Rights is constantly watered down through judi[*82]cial “balancing” of what the Constitution says and what judges think is needed for a well-ordered society.
As Irving Brant recently said: “The balancing test developed in recent years by our Supreme Court does not disarm the Government of power to trench upon the field in which the Constitution says ‘Congress shall make no law.’ The balancing test does exactly what is done by its spiritual parent, the British ‘common law of seditious libel,’ under which (to repeat the words of May), ‘Every one was a libeler who outraged the sentiments of the dominant party.’ ” Seditious Libel: Myth and Reality, 39 N. Y. U. L. Rev. 1, 18-19 (1964).
Beauharnais v. Illinois, 343 U. S. 250, a case decided by the narrowest of margins, should be overruled as a misfit in our constitutional system and as out of line with the dictates of the First Amendment. I think it is time to face the fact that the only fine drawn by the Constitution is between “speech” on the one side and conduct or overt acts on the other. The two often do blend. I have expressed the idea before: “Freedom of expression can be suppressed if, and to the extent that, it is so closely brigaded with illegal action as to be an inseparable part of it.” Roth v. United States, 354 U. S., at 514 (dissenting opinion). Unless speech is so brigaded with overt acts of that kind there is nothing that may be punished; and no semblance of such a case is made out here.
I think little need be added to what Mr. Justice Holmes said nearly a half century ago:
“I wholly disagree with the argument of the Government that the First Amendment left the common[*83] law as to seditious libel in force. History seems to me against the notion. I had conceived that the United States through many years had shown its repentance for the Sedition Act of 1798,[3] by repaying fines that it imposed.” Abrams v. United States, 250 U. S. 616, 630 (dissenting opinion).
The philosophy of the Sedition Act of 1798 which punished “false, scandalous and malicious”-writings (1 Stat. 596) is today allowed to be applied by the States. Yet Irving Brant has shown that seditious libel was “entirely the creation of the Star Chamber.” [4] It is disquieting to know that one of its instruments of destruction is abroad in the land today.
APPENDIX TO OPINION OF MR. JUSTICE DOUGLAS, CONCURRING.
Excerpt from Madison’s Address, January 23, 1799:
“The sedition act. presents a scene which was nevér expected by the early friends of the Constitution. It was then admitted that the State sovereignties were only diminished by powers specifically enumerated, or necessary to carry the specified powers into effect. Now, Federal authority is deduced from implication; and from the[*84] existence of State law, it is inferred that Congress possess a similar power of legislation; whence Congress will be endowed with a power of legislation in all cases whatsoever, and the States will be stripped of every right reserved, by the concurrent claims of a paramount Legislature.
“The sedition act is the offspring of these tremendous pretensions, which inflict a death-wound on the sovereignty of the States.
“For the honor of American understanding, we will not believe that the people have been allured into the adoption of the Constitution by an affectation of defining powers, whilst the preamble would admit a construction which would erect the will of Congress into a power paramount in all cases, and therefore limited in none. On the contrary, it is evident that the objects for which the Constitution was formed were deemed attainable only by a particular enumeration and specification of each power granted to the Federal Government; reserving all others to the people, or to the States. And yet it is in vain we search for any specified power embracing the right of legislation against the freedom of the. press.
“Had the States been despoiled of their sovereignty by the generality of the preamble, and had the Federal Government been endowed with whatever they should judge to be instrumental towards union, justice, tranquillity, common defence, general welfare, and the preservation of. liberty, nothing could have been more frivolous than an enumeration of powers.
“It is vicious in the extreme to calumniate meritorious public servants; but it is both artful and vicious to arouse the public indignation against calumny in order to conceal usurpation. Calumny is forbidden by the laws, usurpation by the Constitution. Calumny injures individuals, usurpation, States. Calumny may be redressed[*85] by the common judicatures; usurpation can only be controlled by the act of society. Ought usurpation, which is most mischievous, to be rendered less hateful by calumny, which, though injurious, is in a degree less pernicious? But the laws for the correction of calumny were not defective. Every libellous writing or expression might receive its punishment in the State courts, from juries summoned by an officer, who does not receive his appointment from the President, and is under no influence to court the pleasure of Government, whether it injured public officers or private citizens. Nor is there any distinction in the Constitution empowering Congress exclusively to punish calumny directed against an officer of the General Government; so that a construction assuming the power of protecting the reputation of a citizen officer will extend to the case of any other citizen, and open to Congress a right of legislation in every conceivable case which can arise between individuals.
“In answer to this, it is urged that every Government possesses an inherent power of self-preservation, entitling it to do whatever it shall judge necessary for that purpose.
“This is a repetition of the doctrine of implication and expediency in different language, and admits of a similar and decisive answer, namely, that as the powers of Congress are defined, powers inherent, implied, pr expedient, are obviously the creatures of ambition; because the care expended in defining powers would otherwise have been superfluous. Powers extracted from súch sources will be indefinitely multiplied by the aid of armies and patronage, which, with the impossibility of controlling them by any demarcation, would presently terminate reasoning, and ultimately swallow up the. State sovereignties.
“So insatiable is a love of power that it has resorted to a distinction between the freedom and .licentiousness of[*86] the press for the purpose of converting the third amendment* of the Constitution, which was .dictated by the most lively anxiety to preserve that freedom, into an instrument for abridging it. Thus usurpation even justifies itself by a precaution against usurpation; and thus an amendment universally designed to quiet every fear is adduced as the source of an act which has produced general terror and alarm. <
“The distinction between liberty and licentiousness is still a repetition of the Protean doctrine of implication, which is ever ready to work its ends by varying its shape. By its help, the judge as to what is licentious may escape through any constitutional restriction. Under it men of a particular religious opinion .might be excluded from office, because such exclusion would not amount to an establishment of religion, and because it might be said that their opinions are licentious. And under it Congress might denominate a religion to be heretical and licentious, and proceed to its suppression. Remember' that precedents once established are so much positive power; and that the nation which reposes on the pillow of political confidence, will sooner or later end its political existence in a deadly lethargy. Remember, also, that it is to the press mankind are indebted for having dispelled the clouds • which long encompassed religion, for disclosing her genuine lustre, and disseminating her salutary doctrines.
“The sophistry of a distinction between the liberty and the licentiousness of the press is so forcibly exposed in a late memorial from our late envoys to the Minister of the French Republic, that we here present it to you in their own words:
“ ‘The genious of the Constitution, and the opinion of the people of the United States, cannot be overruled by[*87] those who administer the Government. Among those principles deemed sacred in America, among those sacred rights considered as forming the bulwark of their liberty, which the Government contemplates with awful reverence and would approach only with the most cautious circumspection, there is no one of which the importance is more deeply impressed on the public mind than the liberty of the press. That this liberty is often carried to excess; that it has sometimes degenerated into licentiousness, is seen and lamented, but the remedy has not yet been discovered. Perhaps it is an evil inseparable from the good with which it is allied; perhaps it is a shoot which cannot be stripped from the stalk without wounding vitally the plant from which it is torn. However desirable those measures might be which might correct without enslaving the press, they have never yet been devised in America. No regulations exist which enable the Government to suppress whatever calumnies or invectives any individual may choose to offer to the public eye, or to punish such calumnies and invectives otherwise than by a legal prosecution in courts which are alike open to all who consider themselves as injured.’
“As if we were bound to look for security from the personal probity of Congress amidst the frailties of man, and not from the barriers of the Constitution, it has been urged that the accused under the sedition act is allowed to prove the truth of the charge. This argument will not for a moment disguise the unconstitutionality of the act, if it be recollected that opinions as well as facts are made punishable, and that the truth of an opinion is not susceptible of proof. By subjecting the truth of opinion to the regulation, fine, and imprisonment, to be inflicted by those who are of a different opinion, the free range of the human mind is injuriously restrained. The sacred obligations of religion flow from the due exercise of opinion, in the solemn discharge of which man is accountable to[*88] his God alone; yet, under this precedent the. truth of religion itself may be ascertained, and ^its pretended licentiousness punished by a jury of a different creed from that held by the person accused. This law, then, commits the double sacrilegé of arresting reason in her progress towards perfection, and of placing in a state of danger the free exercise of religious opinions. But where does the Constitution allow Congress to create crimes and inflict punishment, provided they allow the accused to exhibit evidence in his defense? This doctrine, united with the assertion, that sedition is a common law offence, and therefore within the correcting power of Congress, opens at once the hideous volumes of penal law, and turns loose upon us the utmost invention of insatiable malice and ambition, which, in all ages, have debauched morals, depressed liberty, shackled religion, supported despotism, and deluged the scaffold with blood.” VI Writings of James Madison, 1790-1802, pp. 333-337 (Hunt ed. 1906).
The Constitution says in the First Amendment that “Congress shall make no law . . . abridging the freedom of speech”; and the. Due Process Clause of the Fourteenth Amendment puts the States under the same restraint. There is one school of thought, so far in the minority, which holds that the due process freedom of speech hpnored by the Fourteenth Amendment is a watered-down' version of - the First Amendment freedom of speech. See my. Brother Harlan in Both v. United States, 354 U. S. 476, 500-503. While that view has never .obtained, the construction which the majority has-given the First Amendment has been burdened with somewhat the same kind of qualifications and conditions.
The Bill of Rights and the Federal Government, in The Great Rights, p. 60 (Cahn ed. 1963):
“In reality this [balancing] approach returns us to the state of legislative supremacy which existed in England and which the Framers were so determined to change once and for all. On the one hand, it denies the judiciary its constitutional power to measure acts of Congress by the standards set down in the Bill of Rights. On the other-hand, though apparently reducing judicial powers by saying that acts of Congress may be held unconstitutional only when they are found to have no rational legislative basis, this approach really gives[*82] the Court, along with Congress, a greater power, that of overriding the plain commands of the Bill of Rights on a finding of weighty-public interest. In effect, it changes the direction of our form of government from a government of limited powers to a government in which Congress may do anything that courts believe to be ‘reasonable.’ ”
Madison’s views on the Sedition Act — -a federal enactment — are relevant here, now. that the First Amendment is applicable to the States. I have therefore appended his views as an Appendix.
39 N. Y. U. L. Rev. 1, 11. “What is called today the common-law doctrine of seditious libel is in fact the creation of the Court of Star Chamber, the most iniquitous tribunal in English history. It has been injected into the common law solely by the fiat of Coke and by subsequent decisions and opinions of English judges who perpetuated the vicious procedures by which the Star Chamber stifled criticism of the government and freedom of political opinion. If seditious libel has any genuine common-law affiliation, it is by illegitimate descent from constructive treason and heresy, both of which are totally repugnant to the. Constitution of the United States.” Brant, supra; at 5.
The First Amendment was Article Third in those submitted by Congress to the States on September 25, 1789.
Concurrence
concurring.
I agree with the Court that there is “no difficulty in bringing the appellant’s statement within the purview of criticism of the official conduct of public officials . . . .” Ante, at 76. In New York Times Co. v. Sullivan, 376 U. S. 254, 297, I expressed my conviction “that the Constitution accords citizens and press an unconditional freedom to criticize official conduct.” Id., at 305. New York Times was a civil libel case; this is a criminal libel prosecution. In my view, “ [i] f the rule that libel on government has.no place in our Constitution is to have real meaning, then libel [criminal or civil] on the official conduct of the governors likewise can have no place in our Constitution.” Id., at 299.