New York Times Co. v. Sullivan · ¶70

We would, I think, more faithfully interpret the First Amendment by holding that at the very least it leaves the people and the press free to criticize officials and discuss public affairs with impunity. This Nation of ours elects many of its important officials; so do the States, the municipalities, the counties, and even many precincts. These officials are responsible to the people for the way they perform their duties. While our Court has held that some kinds of speech and writings, such as “obscenity,” Roth v. United States, 354 U. S. 476, and “fighting words,” Chaplinsky v. New Hampshire, 315 U. S. 568, are not expression within the protection of the First Amendment, freedom to discuss public affairs and public officials is unquestionably, as the Court today holds, the kind of speech the First Amendment was primarily designed to keep within the area of free discussion. To punish…

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