garrison louisiana argued april decided november appellant district attorney louisiana dispute certain state judges parish accused press conference laziness inefficiency hampering efforts enforce vice laws state convicted violating louisiana criminal defamation statute context criticism official conduct includes punishment true statements made actual malice sense well false statements made without reasonable belief true state affirmed conviction holding statute unconstitutionally abridge appellant rights free expression held constitution limits state power impose sanctions criticism official conduct public officials criminal cases civil cases false statements concerning official conduct made knowledge falsity reckless disregard whether false new york times sullivan followed pp appellant accusations concerned judges official conduct become private defamation might also reflected judges private character pp eberhard deutsch reargued cause appellant briefs rene himel jack gremillion attorney general louisiana reargued cause appellee briefs culligan john jackson assistant attorneys general justice brennan delivered opinion appellant district attorney orleans parish louisiana dispute eight judges criminal district parish held press conference issued statement disparaging judicial conduct result tried without jury judge another parish convicted criminal defamation louisiana criminal defamation statute principal charges alleged defamatory attribution large backlog pending criminal cases inefficiency laziness excessive vacations judges accusation refusing authorize disbursements cover expenses undercover investigations vice new orleans judges hampered efforts enforce vice laws impugning motives said judges made eloquently clear sympathies lie regard aggressive vice investigations refusing authorize use da funds pay cost closing canal street clip joints raises interesting questions racketeer influences eight judges new york times sullivan held constitution limits state power civil action brought public official criticism official conduct award damages false statement made actual malice knowledge false reckless disregard whether false outset must decide whether view differing history purposes criminal libel new york times rule also limits state power impose criminal sanctions criticism official conduct public officials hold criticism public officials concerned see merit argument criminal libel statutes serve interests distinct secured civil libel laws therefore subject limitations common law truth defense criminal libel although victim true defamatory publication might unjustly damaged reputation libel speaker still punishable since remedy designed avert possibility utterance provoke enraged victim breach peace argument well stated edward livingston explanation defamation provisions proposed penal code louisiana cases connexion cause effect exists subject chapter subsequent one duels defamation either real supposed cause combats laws yet able suppress lawgivers originally condescended pay attention passions feelings legislate appeals arms never usurped power superior laws affording satisfaction wounded feelings honour drove individuals avenge wrongs description denied place code criminal law insults formed title honour claimed exclusive jurisdiction offence livingston system penal law state louisiana goes without saying penal sanctions justified merely fact defamation evil damaging person ways entitle maintain civil suit usually reserve criminal law harmful behavior exceptionally disturbs community sense security seems evident personal calumny falls neither classes therefore inappropriate penal control probably accounts paucity prosecutions near desuetude private criminal libel legislation country model penal code tent draft comments next consider whether historical limitation defense truth criminal libel utterances published good motives justifiable ends incorporated new york times rule applies criminal libel statutes particular must ask whether history permits negating truth defense louisiana statute showing malice sense good motives restriction incorporated many state constitutions statutes reflect alexander hamilton unsuccessfully urged formula people croswell johns cas liberalized rule denying defense truth see ray truth defense libel rev kelly criminal libel free speech rev need concerned whether limitation serves legitimate state interest extent reflects abhorrence man forgotten misconduct misconduct relation public interest wantonly raked published world ground true hansard parliamentary debates series june report lord campbell emphasis supplied event criticism public officials conduct public business interest private reputation overborne larger public interest secured constitution dissemination truth short agree new hampshire state burnham upon lawful occasion making publication published truth sound principle make liable even actuated express malice said lawful publish truth good motives justifiable ends rule narrow lawful occasion legal right make publication matter true end justifiable case must sufficient held new york times public official might allowed civil remedy establishes utterance false made knowledge falsity reckless disregard whether false true reasons led us hold new york times apply less force merely remedy criminal constitutional guarantees freedom expression compel application standard criminal remedy truth may subject either civil criminal sanctions discussion public affairs concerned since erroneous statement inevitable free debate must protected freedoms expression breathing space need survive false statements made high degree awareness probable falsity demanded new york times may subject either civil criminal sanctions speech concerning public affairs essence first fourteenth amendments embody profound national commitment principle debate public issues uninhibited robust may well include vehement caustic sometimes unpleasantly sharp attacks government public officials new york times sullivan use calculated falsehood however put different cast constitutional question although honest utterance even inaccurate may fruitful exercise right free speech follow lie knowingly deliberately published public official enjoy like immunity time first amendment adopted today unscrupulous enough skillful enough use deliberate reckless falsehood effective political tool unseat public servant even topple administration cf riesman democracy defamation fair game fair comment rev speech used tool political ends automatically bring protective mantle constitution use known lie tool odds premises democratic government orderly manner economic social political change effected calculated falsehood falls class utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality chaplinsky new hampshire hence knowingly false statement false statement made reckless disregard truth enjoy constitutional protection ii find difficulty bringing appellant statement within purview criticism official conduct public officials entitled benefit new york times rule louisiana viewed statement constituted attack upon personal integrity judges rather official conduct sustaining finding trial appellant statement defamatory louisiana held use words racketeer influences applied anyone suggests imputes influenced practice fraud deceit trickery cheating dishonesty expression judges enjoyed days vacation months suggests connotes violation deadhead statute public payroll fraud expressions set bill information connote malfeasance office art ix sec la const concluded defendant expressions criticisms trial manner one eight judges conducted session expressions charged contain personal attacks upon integrity honesty eight judges think however appellant statement may considered one constituting purely private defamation accusation concerned judges conduct business criminal district course criticism manner public official performs duties tend affect private well public reputation new york times rule rendered inapplicable merely official private reputation well public reputation harmed rule protects paramount public interest free flow information people concerning public officials servants end anything might touch official fitness office relevant personal attributes germane fitness office dishonesty malfeasance improper motivation even though characteristics may also affect official private character kansas said coleman maclennan speaking candidates manifestly candidate must surrender public scrutiny discussion much private character affects fitness office liberal rule requires measuring extent candidate profert character always remembered people good authority believing grapes grow thorns figs thistles iii applying principles new york times case hold louisiana statute authoritatively interpreted louisiana incorporates constitutionally invalid standards context criticism official conduct public officials contrary new york times rule absolutely prohibits punishment truthful criticism statute directs punishment true statements made actual malice see state cox la handed new york times decision bennett louisiana criminal code la rev actual malice defined decisions mean hatred ill enmity wanton desire injure statute also unconstitutional interpreted cover false statements public officials new york times standard forbids punishment false statements unless made knowledge falsity reckless disregard whether true false louisiana statute punishes false statements without regard test made even established false statement concerning public officials punished made reasonable belief truth louisiana affirmed conviction solely ground evidence sufficed support trial finding enmity wanton desire injure trial also rested conviction additional findings statement false made reasonable belief truth judge said inconceivable defendant reasonable belief defined honest belief one eight judges criminal district guilty charged defamatory statement men honored high offices inconceivable guilty accusations made therefore believe qualified privilege title section applicable reversed footnotes defamation defamation malicious publication expression manner anyone party defamed anything tends expose person hatred contempt ridicule deprive benefit public confidence social intercourse expose memory one deceased hatred contempt ridicule injure person corporation association persons business occupation whoever commits crime defamation shall fined three thousand dollars imprisoned one year presumption malice defamatory publication expression false presumed malicious unless justifiable motive making shown publication expression true actual malice must proved order convict qualified privilege qualified privilege exists actual malice must proved regardless whether publication true false following situations publication expression fair true report judicial legislative public official proceeding statement speech argument debate course publication expression comment made reasonable belief truth upon conduct person respect public affairs thing proprietor thereof offers explains public publication expression made person interested communication one also interested stands relation former afford reasonable ground supposing motive innocent publication expression made attorney party judicial proceeding absolute privilege dispute appellant judges arose disbursements fines fees fund used defray expenses district attorney office disbursements made motion district attorney approval judge criminal district appellant took office one incumbent judges refused approve disbursement fund furnishings appellant office judge went vacation prior retirement september appellant obtained approval another judge allegedly misrepresenting first judge withdrawn objection thereupon eight judges october adopted rule disbursements district attorney fund approved except concurrence five eight judges october judges ruled disbursements pay appellant undercover agents conduct investigations commercial vice bourbon canal street districts new orleans approved expressed doubt legality use fund state constitution days later november judge retired turned original motion issued public statement criticizing appellant conduct office district attorney next day appellant held press conference made statement prosecuted affirming appellant conviction new york times handed louisiana relied statements roth beauharnais illinois effect libelous utterances within protection first fourteenth amendments hence punished without showing clear present danger reasons stated new york times nothing roth beauharnais forecloses inquiry whether use libel laws civil criminal impose sanctions upon criticism official conduct public officials transgresses constitutional limitations protecting freedom expression whether libel law civil criminal must satisfy relevant constitutional standards livingston code adopted reflected current louisiana statute suggested provisions defamation appear pp particular interest art exculpating true statements fact incorrect opinions qualifications person public office art exculpating even mistaken observations tendencies motives official acts public officers exculpating false allegations motives criminal holdsworth history english law ed kelly criminal libel free speech rev see letter justice jackson attorney general dated june addressed senator millard tydings cong rec stated policy attorneys general prosecute criticism public officials following jurisdictions constitutional statutory provisions make truth defense published good motives justifiable ends variant thereof alaska rev stat cal art cal pen code code fla declaration rights hawaii rev laws idaho code ill art rev tit iowa art iowa code bill rights stat mass laws without actual malice mich art minn miss art miss code recompiled mont art iii mont rev codes nev art rev art art pen code art cent code ohio art okla art okla tit rev art laws art vi code utah art utah code rev code wis art wis wyo art cf england lord campbell act public benefit following jurisdictions truth operate complete defense colo art ii rev stat bearman people ind art state bush ind mo art mo rev neb art neb rev reissue razee state neb art ii stat replacement false malicious statement gen art code stat tit following jurisdictions allow greater scope defense truth criticism official conduct public officials concerned ala art code tit makes truth defense del art del code tit ky art rev state burnham pa art tenn art code tex art tex code crim proc art tex pen code arts following jurisdictions constitutional statutory provisions evidence truth may introduced unclear whether operates complete defense ark art ark replacement tit conn art first ga code md code art code replacement one jurisdiction authority point see state payne recognize 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 even law privacy evolved meet lord campbell reservations recognizes severe limitations public figures newsworthy facts concerned see sidis pub cir view result decide whether appellant statement factual merely comment whether state may provide remedy civil criminal defamatory comment alone however vituperative directed public officials louisiana courts held privilege fair comment excluded present case malice lack reasonable care addition factual assertions different formulations comment context common law fair comment rule see harper james law torts note fair comment harv rev restatement torts comment see vernon tex pen code art justice black justice douglas joins concurring reasons stated greater length opinions concurring new york times sullivan dissenting beauharnais illinois well opinion justice douglas case infra concur reversing conviction appellant garrison based purely public discussion criticism public officials believe first amendment made applicable fourteenth protects every person state federal government fine imprison assess damages guilty conduct see giboney empire storage ice expressing opinion even though others may believe views unwholesome unpatriotic stupid dangerous believe mistaken thinks requiring proof statements malicious defamatory really create substantial hurdle block public officials punishing criticize way conduct office indeed malicious seditious words often invoked punish people expressing views public affairs fining men sending jail criticizing public officials jeopardizes free open public discussion constitution guarantees wholly stifle hold wait hold later compare betts brady overruled gideon wainwright constitution absolutely place country old discredited english star chamber law seditious criminal libel justice douglas justice black joins concurring hearty agreement conclusion prosecution seditious libel unconstitutional yet feel gloss put freedom speech first amendment reach result like results cases makes basic guarantee almost unrecognizable recently new york times sullivan majority held criticism official official conduct protected state civil libel laws first fourteenth amendments unless proof actual malice hold proof actual malice relevant seditious libel seditious libel lie knowingly false statement one made reckless disregard truth malice needed inferences facts found jury easily oblige sit review cold record find evidence malice cf new york times sullivan commonplace life heat passion subtly turn malice actual fact reckless disregard truth basis seditious libel nebulous standard easily met presence actual malice made critical seditious libel well civil actions involving charges public officials truth nothing constitution clear present danger first amendment remains gloss written field discussion public issues robs much vitality freedom speech willing protect turn pale tame brother black said bill rights constantly watered judicial balancing constitution says judges think needed society irving brant recently said balancing test developed recent years disarm government power trench upon field constitution says congress shall make law balancing test exactly done spiritual parent british common law seditious libel repeat words may every one libeler outraged sentiments dominant party seditious libel myth reality rev beauharnais illinois case decided narrowest margins overruled misfit constitutional system line dictates first amendment think time face fact line drawn constitution speech one side conduct overt acts two often blend expressed idea freedom expression suppressed extent closely brigaded illegal action inseparable part roth dissenting opinion unless speech brigaded overt acts kind nothing may punished semblance case made think little need added justice holmes said nearly half century ago wholly disagree argument government first amendment left common law seditious libel force history seems notion conceived many years shown repentance sedition act repaying fines imposed abrams dissenting opinion appendix opinion justice douglas concurring sedition act presents scene never expected early friends constitution admitted state sovereignties diminished powers specifically enumerated necessary carry specified powers effect federal authority deduced implication existence state law inferred congress possess similar power legislation whence congress endowed power legislation cases whatsoever stripped every right reserved concurrent claims paramount legislature sedition act offspring tremendous pretensions inflict sovereignty honor american understanding believe people allured adoption constitution affectation defining powers whilst preamble admit construction erect congress power paramount cases therefore limited none contrary evident objects constitution formed deemed attainable particular enumeration specification power granted federal government reserving others people yet vain search specified power embracing right legislation freedom press despoiled sovereignty generality preamble federal government endowed whatever judge instrumental towards union justice tranquillity common defense general welfare preservation liberty nothing frivolous enumeration powers vicious extreme calumniate meritorious public servants artful vicious arouse public indignation calumny order conceal usurpation calumny forbidden laws usurpation constitution calumny injures individuals usurpation calumny may redressed common judicatures usurpation controlled act society usurpation mischievous rendered less hateful calumny though injurious degree less pernicious laws correction calumny defective every libellous writing expression might receive punishment state courts juries summoned officer receive appointment president influence pleasure government whether injured public officers private citizens distinction constitution empowering congress exclusively punish calumny directed officer general government construction assuming power protecting reputation citizen officer extend case citizen open congress right legislation every conceivable case arise individuals answer urged every government possesses inherent power entitling whatever shall judge necessary purpose repetition doctrine implication expediency different language admits similar decisive answer namely powers congress defined powers inherent implied expedient obviously creatures ambition care expended defining powers otherwise superfluous powers extracted sources indefinitely multiplied aid armies patronage impossibility controlling demarcation presently terminate reasoning ultimately swallow state sovereignties insatiable love power resorted distinction freedom licentiousness press purpose converting third amendment constitution dictated lively anxiety preserve freedom instrument abridging thus usurpation even justifies precaution usurpation thus amendment universally designed quiet every fear adduced source act produced general terror alarm distinction liberty licentiousness still repetition protean doctrine implication ever ready work ends varying shape help judge licentious may escape constitutional restriction men particular religious opinion might excluded office exclusion amount establishment religion might said opinions licentious congress might denominate religion heretical licentious proceed suppression remember precedents established much positive power nation reposes pillow political confidence sooner later end political existence deadly lethargy remember also press mankind indebted dispelled clouds long encompassed religion disclosing genuine lustre disseminating salutary doctrines sophistry distinction liberty licentiousness press forcibly exposed late memorial late envoys minister french republic present words genious constitution opinion people overruled administer government among principles deemed sacred america among sacred rights considered forming bulwark liberty government contemplates awful reverence approach cautious circumspection one importance deeply impressed public mind liberty press liberty often carried excess sometimes degenerated licentiousness seen lamented remedy yet discovered perhaps evil inseparable good allied perhaps shoot stripped stalk without wounding vitally plant torn however desirable measures might might correct without enslaving press never yet devised america regulations exist enable government suppress whatever calumnies invectives individual may choose offer public eye punish calumnies invectives otherwise legal prosecution courts alike open consider injured bound look security personal probity congress amidst frailties man barriers constitution urged accused sedition act allowed prove truth charge argument moment disguise unconstitutionality act recollected opinions well facts made punishable truth opinion susceptible proof subjecting truth opinion regulation fine imprisonment inflicted different opinion free range human mind injuriously restrained sacred obligations religion flow due exercise opinion solemn discharge man accountable god alone yet precedent truth religion may ascertained pretended licentiousness punished jury different creed held person accused law commits double sacrilege arresting reason progress towards perfection placing state danger free exercise religious opinions constitution allow congress create crimes inflict punishment provided allow accused exhibit evidence defense doctrine assertion sedition common law offence therefore within correcting power congress opens hideous volumes penal law turns loose upon us utmost invention insatiable malice ambition ages debauched morals depressed liberty shackled religion supported despotism deluged scaffold blood vi writings james madison pp hunt ed first amendment article third submitted congress september constitution says first amendment congress shall make law abridging freedom speech due process clause fourteenth amendment puts restraint one school thought far minority holds due process freedom speech honored fourteenth amendment version first amendment freedom speech see brother harlan roth view never obtained construction majority given first amendment burdened somewhat kind qualifications conditions bill rights federal government great rights cahn ed reality balancing approach returns us state legislative supremacy existed england framers determined change one hand denies judiciary constitutional power measure acts congress standards set bill rights hand though apparently reducing judicial powers saying acts congress may held unconstitutional found rational legislative basis approach really gives along congress greater power overriding plain commands bill rights finding weighty public interest effect changes direction form government government limited powers government congress may anything courts believe reasonable madison views sedition act federal enactment relevant first amendment applicable therefore appended views appendix rev called today commonlaw doctrine seditious libel fact creation star chamber iniquitous tribunal english history injected common law solely fiat coke subsequent decisions opinions english judges perpetuated vicious procedures star chamber stifled criticism government freedom political opinion seditious libel genuine affiliation illegitimate descent constructive treason heresy totally repugnant constitution brant supra justice goldberg concurring agree difficulty bringing appellant statement within purview criticism official conduct public officials ante new york times sullivan expressed conviction constitution accords citizens press unconditional freedom criticize official conduct new york times civil libel case criminal libel prosecution view rule libel government place constitution real meaning libel criminal civil official conduct governors likewise place constitution