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MR. JUSTICE BRENNAN delivered the opinion of the Court.
Respondent’s complaint alleged that he had been libeled by statements in a full-page advertisement that
was carried in the New York Times on March 29, 1960. Entitled "Heed Their Rising Voices," the
advertisement began by stating that "As the whole world knows by now, thousands of Southern Negro
students are engaged in widespread non-violent demonstrations in positive affirmation of the right to
live in human dignity as guaranteed by the U.S. Constitution and the Bill of Rights." It went on
to charge that "in their efforts to uphold these guarantees, they are being met by an unprecedented
wave of terror by those who would deny and negate that document which the whole world looks upon as setting
the pattern for modern freedom. . . ." Succeeding paragraphs purported to illustrate the "wave
of terror" by describing certain alleged events. The text concluded with an appeal for funds for
three purposes: support of the student movement, "the struggle for the right-to-vote," and the
legal defense of Dr. Martin Luther King, Jr., leader of the movement, against a perjury indictment then
pending in Montgomery.
Of the 10 paragraphs of text in the advertisement, the third and a portion of the sixth were the basis
of respondent’s claim of libel. . . .
It is uncontroverted that some of the statements contained in the two paragraphs were not accurate descriptions
of events which occurred in Montgomery. Although Negro students staged a demonstration on the State Capitol
steps, they sang the National Anthem and not "My Country, ’Tis of Thee." Although nine students
were expelled by the State Board of Education, this was not for leading the demonstration at the Capitol,
but for demanding service at a lunch counter in the Montgomery County Courthouse on another day. Not the
entire student body, but most of it, had protested the expulsion, not by refusing to register, but by
boycotting classes on a single day; virtually all the students did register for the ensuing semester.
The campus dining hall was not padlocked on any occasion, and the only students who may have been barred
from eating there were the few who had neither signed a preregistration application nor requested temporary
meal tickets. Although the police were deployed near the campus in large numbers on three occasions, they
did not at any time "ring" the campus, and they were not called to the campus in connection
with the demonstration on the State Capitol steps, as the third paragraph implied. Dr. King had not been
arrested seven times, but only four; and although he claimed to have been assaulted some years earlier
in connection with his arrest for loitering outside a courtroom, one of the officers who made the arrest
denied that there was such an assault.
On the premise that the charges in the sixth paragraph could be read as referring to him, respondent was
allowed to prove that he had not participated in the events described. . . .
Respondent made no effort to prove that he suffered actual pecuniary loss as a result of the alleged libel.
. . .
The cost of the advertisement was approximately $4800, and it was published by the Times upon an order
from a New York advertising agency acting for the signatory Committee. . . . The manager of the Advertising
Acceptability Department testified that he had approved the advertisement for publication because he knew
nothing to cause him to believe that anything in it was false, and because it bore the endorsement of
"a number of people who are well known and whose reputation" he "had no reason to question."
. . .
Alabama law denies a public officer recovery of punitive damages in a libel action brought on account
of a publication concerning his official conduct unless he first makes a written demand for a public retraction
and the defendant fails or refuses to comply. Alabama Code, Tit. 7, §914. Respondent served such a demand
upon each of the petitioners. None of the individual petitioners responded to the demand, primarily because
each took the position that he had not authorized the use of his name on the advertisement and therefore
had not published the statements that respondent alleged had libeled him. The Times did not publish a
retraction in response to the demand, but wrote respondent a letter stating, among other things, that
"we . . . are somewhat puzzled as to how you think the statements in any way reflect on you,"
and "you might, if you desire, let us know in what respect you claim that the statements in the advertisement
reflect on you." Respondent filed this suit a few days later without answering the letter. . . .
The trial judge submitted the case to the jury under instructions that the statements in the advertisement
were "libelous per se" and were not privileged, so that petitioners might be held liable if
the jury found that they had published the advertisement and that the statements were made "of and
concerning" respondent. . . . An award of punitive damages—as distinguished from "general"
damages, which are compensatory in nature—apparently requires proof of actual malice under Alabama law,
and the judge charged that "mere negligence or carelessness is not evidence of actual malice or malice
in fact, and does not justify an award of exemplary or punitive damages." He refused to charge, however,
that the jury must be "convinced" of malice, in the sense of "actual intent" to harm
or "gross negligence and recklessness," to make such an award. . . .
In affirming the judgment, the Supreme Court of Alabama sustained the trial judge’s rulings and instructions
in all respects. . . .
Because of the importance of the constitutional issues involved, we granted the separate petitions for
certiorari of the individual petitioners and of the Times. 371 U.S. 946. We reverse the judgment. We hold
that the rule of law applied by the Alabama courts is constitutionally deficient for failure to provide
the safeguards for freedom of speech and of the press that are required by the First and Fourteenth Amendments
in a libel action brought by a public official against critics of his official conduct.
Respondent relies heavily, as did the Alabama courts, on statements of this Court to the effect that the
Constitution does not protect libelous publications. Those statements do not foreclose our inquiry here.
None of the cases sustained the use of libel laws to impose sanctions upon expression critical of the
official conduct of public officials. . . . In Beauharnais v. Illinois, the Court sustained
an Illinois criminal libel statute as applied to a publication held to be both defamatory of a racial
group and "liable to cause violence and disorder." But the Court was careful to note that it
"retains and exercises authority to nullify action which encroaches on freedom of utterance under
the guise of punishing libel"; for "public men are, as it were, public property," and "discussion
cannot be denied and the right, as well as the duty, of criticism must not be stifled." . . .
Thus we consider this case against the background of a 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. See Terminiello
v. Chicago, . . . De Jonge v. Oregon. . . . The present advertisement, as an expression
of grievance and protest on one of the major public issues of our time, would seem clearly to qualify
for the constitutional protection. The question is whether it forfeits that protection by the falsity
of some of its factual statements and by its alleged defamation of respondent.
Authoritative interpretations of the First Amendment guarantees have consistently refused to recognize
an exception for any test of truth, whether administered by judges, juries, or administrative officials
—and especially not one that puts the burden of proving truth on the speaker. Cf. Speiser v. Randall.
. . . The constitutional protection does not turn upon "the truth, popularity, or social utility
of the ideas and beliefs which are offered." NAACP v. Button. . . . As Madison said,
"Some degree of abuse is inseparable from the proper use of every thing; and in no instance is this
more true than in that of the press."
Just as factual error affords no warrant for repressing speech that would otherwise be free, the same
is true of injury to official reputation. Where judicial officers are involved, this Court has held that
concern for the dignity and reputation of the courts does not justify the punishment as criminal contempt
of criticism of the judge or his decision. Bridges v. California. . . . This is true even
though the utterance contains "half-truths" and "misinformation." . . . Such repression
can be justified, if at all, only by a clear and present danger of the obstruction of justice. See also
Craig v. Harney, Wood v. Georgia. . . .
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