New York Times Co. v. Sullivan · ¶75

We must recognize that we are writing upon a clean slate. As the Court notes, although there have been “statements of this Court to the effect that the Constitution does not protect libelous publications... [n]one of the cases sustained the use of libel laws to impose sanctions upon expression critical of the official conduct of public officials.” Ante, at 268. We should be particularly careful, therefore, adequately to protect the liberties which are embodied in the First and Fourteenth Amendments. It may be urged that deliberately and maliciously false statements have no conceivable value as free speech. That argument, however, is not responsive to the real issue presented by this case, which is whether that freedom of speech which all agree is constitutionally protected can be effectively safeguarded by a rule allowing the imposition of liability upon a jury’s evaluation of the…

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