Petition Against Fox: Removal of the Broadcasting license issued by the FCC

[onenote]

245. Today is the anniversary of NY Times v Sullivan

Last edited Mon Mar 9, 2015, 10:28 PM - Edit history (1)

One of the most important first amendment decisions in Supreme Court history and one that seems to have been forgotten by posters who seem willing to let the government adjudicate the content of speech for "truthfulness." The Sullivan decision, written by Justice Brennan for a unanimous court, raised the bar on defamation actions against the media for statements -- even false statements -- about public officials. Justice Goldberg, writing a concurring opinion joined by Justice Douglas, explained it thusly:

The American Colonists were not willing, nor should we be, to take the risk that "[m]en who injure and oppress the people under their administration [and] provoke them to cry out and complain" will also be empowered to "make that very complaint the foundation for new oppressions and prosecutions." The Trial of John Peter Zenger, 17 Howell's St. Tr. 675, 721-722 (1735) (argument of counsel to the jury). To impose liability for critical, albeit erroneous or even malicious, comments on official conduct would effectively resurrect "the obsolete doctrine that the governed must not criticize their governors." Cf. Sweeney v. Patterson, 76 U.S.App.D.C. 23, 24, 128 F.2d 457, 458.