cox broadcasting cohn argued november decided march appellant reporter employed television station owned appellant broadcasting company news report rape case broadcast deceased rape victim name obtained indictments public records available inspection victim father appellee brought damages action appellants reliance georgia statute making misdemeanor broadcast rape victim name claiming right privacy invaded broadcast daughter name trial rejecting appellants claims broadcast privileged first fourteenth amendments held georgia statute gave civil remedy injured violation granted summary judgment appellee appeal georgia initially held trial erred construing georgia statute extend cause action invasion privacy complaint stated cause action invasion privacy first fourteenth amendments matter law require judgment appellants motion rehearing appellants contended rape victim name matter public interest hence published impunity denied motion ground statute declared state policy rape victim name matter public concern sustained statute legitimate limitation first amendment freedom expression held jurisdiction appeal pp constitutionality georgia statute drawn question within meaning since georgia relied upon declaration state public policy statute drawn question manner directly bearing upon merits action decision upholding constitutional validity invokes appellate jurisdiction georgia decision final judgment decree within meaning plainly final federal issue whether broadcasts privileged first fourteenth amendments subject review state courts appellants liable damages elements state cause action proved moreover since litigation terminated decision merits failure decide free speech question leave georgia press operating shadow civil criminal sanctions rule law statute whose constitutionality serious doubt reaching merits comports past pragmatic approach determining finality pp state may consistently first fourteenth amendments impose sanctions accurate publication rape victim name obtained judicial records maintained connection public prosecution open public inspection circumstances appellant reporter based televised report upon notes taken proceedings obtained rape victim name official documents open public inspection protection freedom press provided first fourteenth amendments bars georgia making appellants broadcast basis civil liability cause action invasion privacy penalizes pure expression content publication pp commission crime prosecutions resulting therefrom judicial proceedings arising prosecutions events legitimate concern public consequently fall within press responsibility report operations government pp interests privacy fade information involved already appears public record especially viewed terms first fourteenth amendments light public interest vigorous press pp white delivered opinion brennan stewart marshall blackmun powell joined powell filed concurring opinion post burger concurred judgment douglas filed opinion concurring judgment post rehnquist filed dissenting opinion post kirk mcalpin argued cause appellants briefs joseph bankoff stephen land argued cause filed briefs appellee briefs amici curiae filed arthur bolton attorney general robert stubbs ii executive assistant attorney general langham alfred evans assistant attorneys general state georgia david freeman alfred burgess multimedia justice white delivered opinion issue us case whether consistently first fourteenth amendments state may extend cause action damages invasion privacy caused publication name deceased rape victim publicly revealed connection prosecution crime august appellee daughter victim rape survive incident six youths soon indicted murder rape although substantial press coverage crime subsequent developments identity victim disclosed pending trial perhaps code ann makes misdemeanor publish broadcast name identity rape victim april eight months later six defendants appeared five pleaded guilty rape attempted rape charge murder dropped guilty pleas accepted trial defendant pleading guilty set later date course proceedings day appellant wassell reporter covering incident employer learned name victim examination indictments made available inspection courtroom name victim appears indictments indictments public records available inspection disputed later day wassell broadcast facilities station television station owned appellant cox broadcasting news report concerning proceedings report named victim crime repeated following day may appellee brought action money damages appellants relying claiming right privacy invaded television broadcasts giving name deceased daughter appellants admitted broadcasts claimed privileged state law first fourteenth amendments trial rejecting appellants constitutional claims holding georgia statute gave civil remedy injured violation granted summary judgment appellee liability determination damages await trial jury appeal georgia initial opinion held trial erred construing extend civil cause action invasion privacy thus found unnecessary consider constitutionality statute went rule however complaint stated cause action invasion appellee right privacy tort public disclosure common law tort exist ing jurisdiction without help statute trial judge case relied although privacy invaded deceased victim father held stated claim invasion privacy reason publication daughter name explained however liability follow matter law summary judgment improper whether public disclosure name actually invaded appellee zone privacy extent issues determined trier fact also formulating issue determination reasonable require appellee prove appellants invaded privacy willful negligent disregard fact reasonable men find invasion highly offensive georgia agree trial however first fourteenth amendments matter law require judgment appellants concurred statement briscoe reader digest cal rights guaranteed first amendment require total abrogation right privacy goals sought may achieved minimum intrusion upon upon motion rehearing georgia countered argument victim name matter public interest published impunity relying authoritative declaration state policy name rape victim matter public concern time felt compelled determine constitutionality statute sustained legitimate limitation right freedom expression contained first amendment discern public interest general concern identity victim crime make right disclose identity victim rise level first amendment protection postponed decision jurisdiction appeal hearing merits conclude jurisdiction reverse judgment georgia ii appellants invoke appellate jurisdiction jurisdictional basis found absent petition certiorari two questions concerning jurisdiction must resolved whether constitutional validity drawn question georgia upholding validity whether decision appeal taken inal judgment decree appellants clearly raised issue constitutionality motion rehearing georgia denying motion held majority consider statute conflict first amendment since relied upon statute declaration public policy georgia disclosure rape victim name protected expression statute drawn question manner directly bearing upon merits action decision favor constitutional validity invokes appellate jurisdiction cf garrity new jersey since congress granted appellate jurisdiction respect state litigation highest state judgment rendered inal judgment decree title retains limitation power review cases coming state courts noted onsiderations english usage well judicial policy justify interpretation rule preclude review anything remains determined state matter dissociated federal issue finally adjudicated highest state radio station wow johnson observed rule administered mechanical fashion circumstances departure requirement finality federal appellate jurisdiction ibid circumstances said ibid cases unfolded recurringly encountered situations highest state finally determined federal issue present particular case proceedings lower state courts come least four categories cases treated decision federal issue final judgment purposes taken jurisdiction without awaiting completion additional proceedings anticipated lower state courts cases categories additional proceedings require decision federal questions might also require review later date immediate rather delayed review best way avoid mischief economic waste delayed justice radio station wow johnson supra well precipitate interference state litigation cases first two categories considered federal issue mooted otherwise affected proceedings yet proceedings little substance outcome certain wholly unrelated federal question two categories however federal issue mooted petitioner appellant seeking bring action prevailed merits later proceedings nevertheless sufficient justification immediate review federal question finally determined state courts first category cases proceedings even entire trials yet occur state courts one reason another federal issue conclusive outcome proceedings preordained circumstances case practical purposes concluded judgment state federal issue deemed final mills alabama example demurrer criminal complaint sustained federal constitutional grounds state trial state reversed remanding jury trial took jurisdiction reasoning appellant defense federal claim prevail trial facts nonfederal ground dismiss appeal inexcusable delay benefits congress intended grant providing appeal also result completely unnecessary waste time energy judicial systems already troubled delays due congested dockets omitted second cases radio station wow supra brady maryland federal issue finally decided highest state survive require decision regardless outcome future proceedings radio station wow nebraska directed transfer properties federally licensed radio station ordered accounting rejecting claim transfer order interfere federal license federal issue held reviewable despite pending accounting presupposition federal questions come adjudicated state accounting remains taken remotely give rise federal question may later come judgment rejecting federal claim directing transfer deemed dissociated provision accounting even though decreed order nothing happen course accounting short settlement case foreclose make unnecessary decision federal question older cases reached result similar facts carondelet canal nav louisiana forgay conrad latter case opinion chief justice taney stated understood rule strict technical sense given liberal think reasonable construction one consonant intention legislature third category situations federal claim finally decided proceedings merits state courts come later review federal issue whatever ultimate outcome case thus cases party seeking interim review ultimately prevails merits federal issue mooted lose merits however governing state law permit present federal claims review taken jurisdiction circumstances prior completion case state courts california stewart decided miranda arizona epitomizes category state reversed conviction federal constitutional grounds remanded new trial although state might prevailed trial granted petition certiorari affirmed explaining state judgment final since acquittal defendant trial preclude state law appeal state recent decision category north dakota state board pharmacy snyder drug stores pharmacy board rejected application pharmacy operating permit relying state statute specifying ownership requirements applicant meet state held statute unconstitutional remanded matter board consideration application freed constraints ownership statute board brought case claiming statute constitutionally acceptable modern cases reviewing various circumstances finality requirement deemed satisfied despite fact litigation terminated state courts entertained case claims jurisdiction federal issue survive remand whatever result state administrative proceedings board might deny license grounds thus foreclosing federal issue also ascertained state law board bring federal issue event applicant satisfied requirements state law except invalidated ownership statute circumstances issue ripe review lastly situations federal issue finally decided state courts proceedings pending party seeking review might prevail merits nonfederal grounds thus rendering unnecessary review federal issue reversal state federal issue preclusive litigation relevant cause action rather merely controlling nature character determining admissibility evidence state proceedings still come circumstances refusal immediately review decision might seriously erode federal policy entertained decided federal issue finally determined state courts purposes state litigation construction laborers curry state courts temporarily enjoined labor union picketing claims national labor relations board exclusive jurisdiction controversy took jurisdiction two independent reasons first power state proceed face preemption claim deemed issue separable merits ripe review particularly postponing review seriously erode national labor policy requiring subject matter respondents cause heard board state courts second convinced event union defense entry permanent injunction preemption claim already ruled state courts hence case practical purposes concluded state tribunals mercantile national bank langdeau two national banks sued along others courts travis county tex claim asserted conspiracy defraud insurance company banks preliminary matter asserted special federal venue statute immunized suit travis county properly sued another county although trial still banks might well prevail merits relying curry entertained issue separate independent matter anterior merits enmeshed factual legal issues comprising plaintiff cause action moreover serve policy federal statute determine state appellants may tried rather subject long complex litigation may naught consideration preliminary question venue postponed conclusion proceedings ibid miami herald publishing tornillo latest case category candidate public office sued newspaper refusing allegedly contrary state statute carry reply paper editorial critical qualifications trial held act unconstitutional denying injunctive relief damages state reversed sustaining statute challenge based upon first fourteenth amendments remanding case trial appropriate relief including damages newspaper brought case sustained jurisdiction relying principles elaborated north dakota case observing whichever way decide merits intolerable leave unanswered circumstances important question freedom press first amendment uneasy unsettled constitutional posture harm operation free press mills alabama douglas concurring see also organization better austin keefe iii georgia stoutly defends state privacy action challenged claims without force powerful arguments made made however may ultimately defined zone privacy surrounding every individual zone within state may protect intrusion press attendant publicity indeed central thesis root article warren brandeis right privacy harv rev press overstepping prerogatives publishing essentially private information remedy alleged abuses compellingly century experienced strong tide running favor right privacy noted said right privacy recognized common law plus district columbia statute four time hill cited edition prosser law torts edition source one form another right privacy time recognized accepted jurisdictions prosser law torts ed omitted irrelevant right privacy recent arrival jurisprudence georgia embraced right form since georgia decided leading case pavesich new england life ins impressive credentials right privacy recognize issue action invasion privacy involving appropriation one name photograph physical tangible intrusion private area publication otherwise private information also false although perhaps defamatory version privacy tort us termed georgia tort public disclosure plaintiff claims right free unwanted publicity private affairs although wholly true offensive person ordinary sensibilities gravamen claimed injury publication information whether true dissemination embarrassing otherwise painful individual claims privacy directly confront constitutional freedoms speech press apparent appellants urge upon us broad holding press may made criminally civilly liable publishing information neither false misleading absolutely accurate however damaging may reputation individual sensibilities true defamation actions protected interest personal reputation prevailing view truth defense message new york times sullivan garrison louisiana curtis publishing butts like cases defense truth constitutionally required subject publication public official public figure defamed public official public figure must prove publication false knowingly circulated reckless disregard truth falsity similarly interest issue privacy rather reputation right claimed free publication false misleading information one affairs target publication must prove knowing reckless falsehood materials published although assertedly private matters public interest time hill supra nevertheless carefully left open question whether first fourteenth amendments require truth recognized defense defamation action brought private person distinguished public official public figure garrison held criticism public official conduct public business interest private reputation larger public interest secured constitution dissemination truth omitted recognized different interests may involved purely private libels totally unrelated public affairs concerned therefore nothing say today taken intimating views impact constitutional guarantees discrete area purely private libels similar fashion time hill supra expressly saved question whether truthful publication private matters unrelated public affairs constitutionally proscribed precedents well considerations counsel similar caution sphere collision claims privacy free press interests sides plainly rooted traditions significant concerns society rather address broader question whether truthful publications may ever subjected civil criminal liability consistently first fourteenth amendments put another way whether state may ever define protect area privacy free unwanted publicity press appropriate focus narrower interface press privacy case presents namely whether state may impose sanctions accurate publication name rape victim obtained public records specifically judicial records maintained connection public prosecution open public inspection convinced state may first place society individual limited time resources observe first hand operations government relies necessarily upon press bring convenient form facts operations great responsibility accordingly placed upon news media report fully accurately proceedings government official records documents open public basic data governmental operations without information provided press us many representatives unable vote intelligently register opinions administration government generally respect judicial proceedings particular function press serves guarantee fairness trials bring bear beneficial effects public scrutiny upon administration justice see sheppard maxwell appellee claimed litigation efforts press infringed right privacy broadcasting world fact daughter rape victim commission crime prosecutions resulting judicial proceedings arising prosecutions however without question events legitimate concern public consequently fall within responsibility press report operations government special protected nature accurate reports judicial proceedings repeatedly recognized opinion written justice douglas said trial public event transpires room public property transcript proceedings published suppose none claim judge punish publisher contempt see difference though conduct attorneys jury even judge may reflected see hear transpired report impunity special perquisite judiciary enables distinguished institutions democratic government suppress edit censor events transpire proceedings craig harney emphasis added developing law surrounding tort invasion privacy recognizes privilege press report events judicial proceedings warren brandeis article supra noted proposed new right limited manner actions libel slander publication privileged communication right privacy invaded publication made justice least many jurisdictions reports proceedings measure accorded like privilege restatement torts embraced action privacy tentative draft second restatement torts divides privacy tort four branches respect wrong giving unwanted publicity private life commentary liability defendant merely gives publicity information plaintiff already public thus liability giving publicity facts plaintiff life matters public record true separate tort physically otherwise intruding upon seclusion private affairs another section comment provides liability examination public record concerning plaintiff documents plaintiff required keep make available public inspection according draft ascertaining publishing contents public records simply within reach kinds privacy actions thus even prevailing law invasion privacy generally recognizes interests privacy fade information involved already appears public record conclusion compelling viewed terms first fourteenth amendments light public interest vigorous press georgia cause action invasion privacy public disclosure name rape victim imposes sanctions pure expression content publication conduct combination speech nonspeech elements might otherwise open regulation prohibition see publication truthful information available public record contains none indicia limited categories expression fighting words essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality chaplinsky new hampshire omitted placing information public domain official records state must presumed concluded public interest thereby served public records nature interest concerned administration government public benefit performed reporting true contents records media freedom press publish information appears us critical importance type government citizenry final judge proper conduct public business preserving form government first fourteenth amendments command nothing less may impose sanctions publication truthful information contained official records open public inspection reluctant embark course make public records generally available media forbid publication offensive sensibilities supposed reasonable man rule make difficult media inform citizens public business yet stay within law rule invite timidity likely lead suppression many items otherwise published made available public least first fourteenth amendments allow exposing press liability truthfully publishing information released public official records privacy interests protected judicial proceedings must respond means avoid public documentation exposure private information political institutions must weigh interests privacy interests public know press publish true information disclosed public documents open public inspection press sanctioned publishing instance others reliance must rest upon judgment decide publish broadcast see miami herald publishing tornillo appellant wassell based televised report upon notes taken proceedings obtained name victim indictments handed request recess hearing appellee contended name obtained improper fashion official document open public inspection circumstances protection freedom press provided first fourteenth amendments bars state georgia making appellants broadcast basis civil liability reversed footnotes three similar statutes see stat ann supp code ann stat ann wisconsin upheld constitutionality predecessor state evjue south carolina statute involved nappier jefferson standard life insurance constitutional challenge statute made hunter washington post daily washington rptr district columbia superior denied defendant motion judgment pleadings based upon constitutional grounds action brought invasion privacy resulting defendant publication identifying plaintiff rape victim giving name age address wassell employed time question news staff reporter employed prior nine years function investigate newsworthy stories make televised news reports assigned coverage trial young men accused rape murder cynthia cohn morning april day began involved story previously present entire hearing day except first minutes app wassell described way obtained information reported broadcast follows information prepared said report obtained several sources first personally attending taking notes said trial subsequent transfer four six defendants fulton county jail obtained personal knowledge events transpired trial action said transfer defendants personal observations notes primary almost exclusive source information upon said news report based secondly recess said trial approached clerk sitting directly front bench requested see copy indictments open handed indictments murder rape indictments allowed examine fully document shown said indictments name said cynthia cohn appears clear type moreover attempt made clerk anyone else withhold name identity victim anyone else said indictments apparently available public inspection upon request indictments pertinent part follows grand jurors selected chosen sworn county fulton name behalf citizens georgia charge accuse defendants offense rape said accused county fulton state georgia day august carnal knowledge person cynthia leslie cohn female forcibly grand jurors selected chosen sworn county fulton name behalf citizens georgia charge accuse defendants offense murder said accused county fulton state georgia day august commission offense rape felony upon person cynthia leslie cohn female human cause death causing suffocate relevant portion transcript televised report reads follows six youths went trial today teenaged girl six sandy springs high school boys charged murder rape death seventeen year old cynthia cohn following drinking party last august tragic death high school girl shocked entire sandy springs community today six boys day app eminent domain proceedings type may involve interlocutory decision federal question another federal question decided later cases federal constitutional question embraces taking taking payment compensation state judgment final unless covers aspects integral problem north dakota state board pharmacy snyder drug stores see also grays harbor radio station wow johnson gillespie steel arose federal courts involved requirement judgments district courts final appealed courts appeals course deciding judgment district case final indicated approach finality requirements cases long recognized whether ruling final within meaning frequently close question decision issue either way supported equally forceful arguments impossible devise formula resolve marginal cases coming within might well called twilight zone finality difficulty held requirement finality given practical rather technical construction cohen beneficial industrial loan see also brown shoe bronson railroad black forgay conrad dickinson petroleum conversion pointed deciding question finality important competing considerations inconvenience costs piecemeal review one hand danger denying justice delay cases state courts jurisdiction sustained similar reasons include organization better austin keefe construction laborers curry pope atlantic richfield oil state board richfield case said respect finality designation given judgment state practice controlling department banking pink question whether said nothing decided clark williard effective determination litigation market street ry railroad commission see radio station wow johnson question resolved examination entire record clark williard supra necessary resort local law determine effect judgment state rules practice brady maryland maryland courts ordered new trial criminal case punishment petitioner asserted entitled new trial guilt well entertained case saying federal issue separable mooted new trial punishment ordered state courts cohen beneficial industrial loan diversity action federal courts course arose question validity state statute requiring plaintiffs stockholder suits post security costs prerequisite bringing action district held state law inapplicable appeals reversed granting certiorari held issue security costs separable independent merits review postponed termination litigation late effectively review present order rights conferred statute applicable lost probably irreparably meanwhile hudson distributors eli lilly another case genre decided retailer sued invalidate state fair trade act inconsistent federal antitrust laws saved federal statute authorizing state fair trade legislation certain conditions defendant manufacturer enforcement state act trial struck statute state appellate reversed remanded trial ohio affirmed decision relying curry mercantile national bank langdeau found judgment ripe review although retailer might prevail trial import holding tornillo underlined citation concurring opinion mills alabama justice douglas joined justice brennan stated even appellant defense might prevail trial jurisdiction properly noted order foreclose unwarranted restrictions press state constitutional judgment prove error justice rehnquist post correct saying factor involves consideration merits determining jurisdiction extent determining issue substantial context state final decision federal issue incorrect federal law forecloses proceedings state petitioner protests state decision federal question might prevail merits nonfederal grounds course proceedings anticipated state hence obviate later review federal issue preclusive jurisdiction curry langdeau north dakota state board pharmacy california stewart decided miranda arizona miami herald publishing tornillo make clear cases federal issue decided arguably wrongly determinative litigation decided way finality rule satisfied author dissent member majority tornillo disavow decision seeks distinguish indicating first amendment issue stake important pressing one seems embrace thesis case one far approach finality concerned even though merits avoidance doctrine extent involved finding appellate jurisdiction also take jurisdiction aspects case otherwise fall solely within certiorari jurisdiction see flournoy wiener prudential insurance cheek cf palmore mishkin new york see emerson system freedom expression konvitz privacy law philosophical prelude law contemp prob bloustein privacy aspect human dignity answer dean prosser rev desirability indeed necessity protection right privacy believed doubt press overstepping every direction obvious bounds propriety decency gossip longer resource idle vicious become trade pursued industry well effrontery satisfy prurient taste details sexual relations spread broadcast columns daily papers occupy indolent column upon column filled idle gossip procured intrusion upon domestic circle intensity complexity life attendant upon advancing civilization rendered necessary retreat world man refining influence culture become sensitive publicity solitude privacy become essential individual modern enterprise invention invasions upon privacy subjected mental pain distress far greater inflicted mere bodily injury harm wrought invasions confined suffering may made subjects journalistic enterprise branches commerce supply creates demand crop unseemly gossip thus harvested becomes seed direct proportion circulation results lowering social standards morality even gossip apparently harmless widely persistently circulated potent evil belittles perverts belittles inverting relative importance things thus dwarfing thoughts aspirations people personal gossip attains dignity print crowds space available matters real interest community wonder ignorant thoughtless mistake relative importance easy comprehension appealing weak side human nature never wholly cast misfortunes frailties neighbors one surprised usurps place interest brains capable things triviality destroys robustness thought delicacy feeling enthusiasm flourish generous impulse survive blighting influence see also time hill opinion harlan fortas dissenting see restatement second torts tent draft apr prosser law torts ed common law truth complete defense prosecutions criminal libel although civil actions several jurisdictions country provided however defense truth civil actions requires showing publication made good motives justifiable ends see another false light invasion privacy case us term cantrell forest city publishing observed case occasion consider whether state may constitutionally apply relaxed standard liability publisher broadcaster false statements injurious private individual theory invasion privacy whether constitutional standard announced time hill applies cases cf gertz robert welch harv restatement torts restatement second torts tent draft apr four branches unreasonable intrusion upon seclusion another appropriation name likeness unreasonable publicity given private life publicity unreasonably places false light public see categorization suggested prosser law torts ed prosser privacy rev restatement second torts supra comment comment see also prosser law torts supra decisions emphasizing defense actions claiming invasion privacy fact information question derived official records available public see hubbard journal publishing information regarding sexual assault boy upon younger sister derived official records open public inspection edmiston time supp sdny fair true report opinion bell louisville times lamont commissioner motor vehicles supp sdny aff cert denied frith associated press supp edsc meetze associated press thompson curtis publishing garner triangle publications supp sdny berg minneapolis star tribune supp mean imply nothing constitutional questions might arise state policy allowing access public press various kinds official records records proceedings appellants contended whether derived information question public records instead investigation first fourteenth amendments bar sanctions imposed state publication appellants prevailed limited grounds need address broader challenge validity georgia right action public disclosure justice powell concurring join opinion agree holding supporting rationale understanding decisions concerning law defamation however differs expressed today opinion accordingly think appropriate state separately views entire accord determination first amendment proscribes imposition civil liability privacy action predicated truthful publication matters contained open judicial records impression role truth defamation actions brought private citizens differs identifies open question issue whether first fourteenth amendments require truth recognized defense defamation action brought private person distinguished public official public figure ante view recent decision gertz robert welch largely resolves issue gertz recent line cases sought resolve conflict state desire protect reputational interests citizens competing commands first amendment many defamation actions considered years following new york times sullivan state law provided truth defense action today opinion reiterates previously recognized see garrison louisiana defense truth constitutionally required subject alleged defamation public figure ante indeed even explicitly recognized determination implicit articulation standard recovery rests knowing reckless disregard truth think constitutional necessity recognizing defense truth equally implicit statement permissible standard liability publication broadcast defamatory statements whose substance makes apparent substantial danger injury reputation private citizen gertz held first amendment prohibits imposing strict liability media publication allegedly false statements claimed defame private individual providing required breathing space first amendment freedoms gertz standard affords substantial latitude compensating private individuals wrongful injury reputation long impose liability without fault may define appropriate standard liability publisher broadcaster defamatory falsehood injurious private individual requirement state standard liability related defendant failure avoid publication defamatory falsehood limits grounds normal action defamation brought fair say statements true standard contemplated gertz satisfied gertz recognized need establish broad rule general applicability acknowledging approach necessarily requires treating alike cases involve differences well similarities course rule law infinitely elastic instances state actions denominated actions defamation may fact seek protect citizens injuries quite different wrongful damage reputation flowing false statements fact cases constitution may permit different balance struck today opinion properly recognizes causes action grounded state desire protect privacy generally implicate interests distinct protected defamation actions cases interests sought protected similar considered gertz view opinion requiring truth recognized complete defense outset note agreement miami herald publishing tornillo supports conclusion issue presented appeal final review time hill considered state cause action afforded protection unwanted publicity rather damage reputation publication false statements fact actions however state also recognized truth absolute defense liability publication reports concerning newsworthy people events abandonment matter general public interest standard determinative factor deciding whether apply new york times malice standard defamation litigation brought private individuals gertz robert welch see also rosenbloom marshall dissenting calls question conceptual basis time hill neither gertz recent decision cantrell forest city publishing however called upon determine whether state may constitutionally apply relaxed standard liability theory invasion privacy see gertz supra ante recent opinions dealing first amendment limitations state defamation actions center around common premise constitution requires false ideas corrected competitive impact ideas first amendment affords constitutional protection false statements fact see gertz supra beginning common assumption decisions undertaken identify standard care respect truth published facts afford required breathing space first amendment values justice douglas concurring judgment agree state judgment final also agree reversal georgia merits case fours new jersey state lottery vacated remanded ante reasons stated dissent disposition case power part government suppress penalize publication news day join narrow result reached write separately emphasize ground result upon far broader proposition namely first amendment made applicable fourteenth prohibits use state law impose damages merely discussing public affairs new york times sullivan black concurring see also cantrell forest city publishing douglas dissenting gertz robert welch douglas dissenting time hill black concurring douglas concurring garrison louisiana douglas concurring context course public affairs must broadly construed indeed term may said embrace matter sufficient general interest prompt media coverage gertz robert welch supra douglas dissenting process balancing accommodating first amendment freedoms state individual interests raises specter liability must inevitably induce media thereby inhibiting discourse first amendment clearly protects justice rehnquist dissenting opinion decision subject appeal final judgment decree term used dismiss appeal want jurisdiction radio station wow johnson established circumstances review decisions even though something remain ed determined state years however despite vigorous protest justice harlan steadily discovered new exceptions finality requirement hardly longer described whatever may unexpressed reasons process expansion see hudson distributors eli lilly harlan dissenting frequently subject formal express explanation cursory citations preceding cases line especially true cases today relies construction laborers curry although opinion today accord detailed consideration problem believe reasons expresses support result taken terms pragmatic approach finality problem presented case relied heavily gillespie steel acknowledges ante gillespie involved restricts appellate jurisdiction federal courts appeals final decisions district courts although acknowledging distinction accords importance adopts gillespie approach without consideration whether finality requirement jurisdiction judgment decree state grounded serious concerns limitation appeals jurisdiction final decisions district courts believe underlying concerns different difference counsels restrictive approach finality issue according gillespie finality requirement imposed matter minimizing inconvenience costs piecemeal review proposition undoubtedly sound long one considering administration federal system judicial efficiency interest stake less inclination challenge resolution case although discussed serious reservations standards formulated effective achieving even single goal case us however appeal state fact introduces additional interests must accommodated fashioning exception literal application finality requirement consider finality one number congressional provisions reflecting concern uncontrolled federal judicial interference state administrative judicial functions untoward consequences federal system means novel view finality requirement radio station wow johnson justice frankfurter opinion explained finality requirement follows requirement support considerations generally applicable good judicial administration avoids mischief economic waste delayed justice situations intermediate rulings may carry serious public consequences departure requirement finality federal appellate jurisdiction prerequisite review derives added force jurisdiction invoked upset decision state realm potential conflict courts two different governments ever since congress granted power intervene state litigation highest state decision suit rendered final judgment decree judicial code requirement one technicalities easily scorned important factor smooth working federal system emphasis added prerequisite exercise appellate powers especially pertinent constitutional barrier asserted state decision matters peculiarly local concern close observance limitation upon regard strangling technicality history bears ample testimony important factor securing harmonious relations harmonious relations less important today justice frankfurter penned radio station wow republic gas co indeed recent years emphasized importance comity federalism dealing related problem district interference ongoing state judicial proceedings see younger harris samuels mackell concerns important provide added force finality requirement believe erred simply importing approach cases concern efficient judicial administration ii quite apart considerations federalism counsel expansive reading jurisdiction holding today enunciates virtually formless exception finality requirement one differs kind previously carved contrast construction laborers curry supra mercantile national bank langdeau supra based understandable principle proper forum trying issue joined state courts depends resolution federal question raised appeal sound judicial administration requires question decided decided sooner rather later course litigation organization better austin keefe mills alabama rest premise practical matter state litigation concluded decision state highest fact terms state procedure ruling interlocutory bar determination merits federal question still exceptions noted opinion made federal question decided highest state bound survive presented decision regardless outcome future proceedings radio station wow supra brady maryland situation later review federal issue whatever ultimate outcome subsequent proceedings directed highest state california stewart decided miranda arizona north dakota state board pharmacy snyder drug stores totality exceptions certainly indicates willing impart language final judgment decree great deal flexibility arguably consistent intent congress enacting language used relatively workable practice established exceptions added one formless paraphrased instead must quoted given factors litigation terminated decision merits failure decide question leave press georgia operating shadow civil criminal sanctions rule law statute constitutionality serious doubt find reaching merits consistent pragmatic approach followed past determining finality ante yet another difficulty formulation problem transposing case requirement failure decide question leave press georgia operating shadow civil criminal sanctions rule law statute constitutionality serious doubt ante assuming make determination serious doubt time note probable jurisdiction appeal enough highest state ruled federal constitutional claim case language imposes requirement completely read statute limitation jurisdiction final judgment decree perhaps new standard finality limited cases first amendment freedom issue language used congress however certainly provides basis preferring first amendment incorporated fourteenth amendment various amendments likewise incorporated indeed preferring incorporated amendments due process equal protection provisions embodied literally fourteenth amendment another problem applying second prong test engaged independent inquiry consequences permitting decision georgia remain undisturbed pending final resolution case suggests order invoke benefit today rule shadow appellant must stand need neither deep wide case nothing issue right report name victim rape hindrance sort imposed reporting fact rape circumstances surrounding yet unquestioningly places issue par core first amendment interest involved miami herald publishing tornillo mills alabama supra protecting press role providing uninhibited political discourse greatest difficulty test enunciated today totally abandons principle constitutional issues important decided save absolutely necessary avoided grounds decision lesser dimension long line cases established rule makes clear principle primarily designed benefit lower courts relations rather safeguard process constitutional adjudication considerations propriety well practice demand refrain passing upon constitutionality act congress unless obliged proper performance judicial function question raised party whose interests entitle raise blair anticipate question constitutional law advance necessity deciding liverpool emigration commissioners abrams van schaick wilshire oil habit decide questions constitutional nature unless absolutely necessary decision case burton ashwander tennessee valley authority brandeis concurring iii obliged make preliminary determinations jurisdiction time votes note probable jurisdiction stage proceedings prior briefing merits oral argument determinations must necessity based relatively cursory acquaintance record proceedings need understandable workable application jurisdictional provision therefore far greater similar interpretation statutes dealing substantive law course retain authority dismiss case want final judgment studied briefs merits heard oral argument recall single instance disposition last three terms theory may explained saying terms never accorded plenary consideration case final judgment decree guess accurate say studied briefs heard oral argument understandable tendency proceed decision merits preference dismissing want jurisdiction thus especially disturbing rule case unlike workable straightforward exceptions previously formulated seriously compound already difficult task accurately determining preliminary stage whether appeal judgment final judgment decree aspect difficulties generating illustrated petition certiorari recently filed time firestone case twice florida first decision rendered december rejected time first amendment defense libel action remanded proceedings issues second decision rendered dealt issues litigated remand time seeks review first amendment defense rejected florida december decision today one conclude judgment final decision review might petitioner time confronted restricts jurisdiction state civil cases review sought within days entry reviewable judgment way suggest either views jurisdiction time firestone example simply illustrative difficulties today decision poses also prudent counsel faced adverse interlocutory ruling state highest federal issue asserted dispositive bar litigation suppose counsel unwilling presume flout meaning words command congress employing loose standards finality obtain jurisdiction strict ones prevent loss thus compelled judge situation light today formless unworkable exception finality requirement expect frequently choose seek immediate review solely matter assuring federal contentions lost want timely filing inevitable result totally unnecessary additions docket serious interruptions delays state adjudicatory process although unable persuade brethren case final judgment decree georgia nonetheless take heart fact concerned area stare decisis historically accorded considerably less usual weight gonzalez employees credit union dismiss want jurisdiction see construction laborers curry mercantile national bank langdeau hudson distributors eli lilly organization better austin keefe see american radio assn mobile hudson distributors eli lilly supra textual distinction former referring final decisions latter refers final judgments decrees first appeared evarts act act mar stat created courts appeals section act provided courts appeals exercise appellate jurisdiction final decision federal trial courts house version act referred final judgment decree cong rec senate judiciary committee changed wording without formal explanation see perhaps significance attached fact house bill courts appeals independent federal trial courts manned appellate judges senate version hand generally provided appeals duties performed trial judges within circuit see stat first judiciary act act stat used terms judgment decree defining appellate jurisdiction original circuit courts see limitation power district courts enjoin state taxing systems requiring state judicial proceedings accorded full faith credit federal courts prescribing various restrictions federal habeas corpus state prisoners district requirement restricting power federal courts enjoin proceedings pointed tornillo uncertainty florida right reply statute interfere important press function delay left matter unresolved impending elections mills observed practically universal agreement major purpose first amendment protect free discussion governmental affairs one important distinction case construction laborers curry already discussed supra another federal issue constitutional whereas curry statutory cf sisson clarity desired statute matters jurisdiction especially important otherwise courts parties must expend great energy merits dispute settlement simply deciding whether power hear case