New York Times Co. v. Sullivan · ¶69

I agree with the Court that the Fourteenth Amendment made the First applicable to the States. This means to me that since the adoption of the Fourteenth Amendment a State has no more power than the Federal Government to use a civil libel law or any other law to impose damages for merely discussing public affairs and criticizing public officials. The power of the United States to do that is, in my judgment, precisely nil. Such was the general view held when the First Amendment was adopted and ever since. Congress never has sought to challenge this viewpoint by passing any civil libel law. It did pass the Sedition Act in 1798, which made it a crime — “seditious libel” — to criticize federal officials or the Federal Government. As the Court’s opinion correctly points out, however, ante, pp. 273-276, that Act came to an ignominious end and by common consent has generally been treated as…

U. S. Reports, bound volume
U. S. Reports, volume 376, at 254 (Library of Congress) · transcription: Caselaw Access Project
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