miami herald publishing tornillo argued april decided june appellant newspaper refused print appellee replies editorials critical appellee candidacy state office appellee brought suit florida circuit seeking injunctive declaratory relief damages based florida right reply statute grants political candidate right equal space answer criticism attacks record newspaper making misdemeanor newspaper fail comply circuit held statute unconstitutional infringing freedom press dismissed action florida reversed holding statute violate constitutional guarantees civil remedies including damages available remanded trial proceedings held florida judgment final thus ripe review north dakota pharmacy bd snyder stores pp statute violates first amendment guarantee free press pp governmental compulsion newspaper publish reason tells published unconstitutional statute operates command state sense statute regulation forbidding appellant publish specified matter statute exacts penalty basis content newspaper imposing additional printing composing materials costs taking space devoted material newspaper may preferred print pp even newspaper face additional costs comply statute forced forgo publication news opinion inclusion reply statute still fails clear first amendment barriers intrusion function editors choosing material goes newspaper deciding size content paper treatment public issues officials burger delivered opinion unanimous brennan filed concurring statement rehnquist joined post white filed concurring opinion post daniel paul argued cause appellant briefs james beasley richard schmidt jerome barron argued cause appellee brief tobias simon elizabeth dufresne briefs amici curiae urging reversal filed joseph califano richard cooper washington post robert lobdell robert warren times mirror james rodgers new york news reuben lawrence gunnels chicago tribune et al harold wahl florida publishing william ballard times publishing spessard lindsey holland gannett florida et al arthur hanson frank stickle ralph albright american newspaper publishers assn william mullen national newspaper assn leonard marks american society newspaper editors et al lawrence walsh guy miller struve reporters committee freedom press legal defense research fund et al john summers national association broadcasters laurent scharff radio television news directors assn floyd abrams corydon dunham howard monderer national broadcasting harry inman robert owen dow jones et al jonathan alpert irma robbins feder richard yale feder american civil liberties union florida briefs amici curiae urging affirmance filed albert kramer thomas asher national citizens committee broadcasting donald sessions pro se chief justice burger delivered opinion issue case whether state statute granting political candidate right equal space reply criticism attacks record newspaper violates guarantees free press fall appellee executive director classroom teachers association apparently teachers agent candidate florida house representatives september september appellant printed editorials critical appellee candidacy response editorials appellee demanded appellant print verbatim replies defending role classroom teachers association organization accomplishments citizens dade county appellant declined print appellee replies appellee brought suit circuit dade county seeking declaratory injunctive relief actual punitive damages excess action premised florida statute right reply statute provides candidate nomination election assailed regarding personal character official record newspaper candidate right demand newspaper print free cost candidate reply candidate may make newspaper charges reply must appear conspicuous place kind type charges prompted reply provided take space charges failure comply statute constitutes misdemeanor appellant sought declaration unconstitutional emergency hearing requested appellee circuit denied injunctive relief absent special circumstances injunction properly issue commission crime held unconstitutional infringement freedom press first fourteenth amendments constitution supp circuit concluded dictating newspaper must print different dictating must print circuit judge viewed statute vagueness serving restrict stifle protected expression appellee cause dismissed prejudice direct appeal florida reversed holding violate constitutional guarantees held free speech enhanced abridged florida statute view furthered broad societal interest free flow information public also held statute impermissibly vague statute informs subject conduct part render liable penalties civil remedies including damages held available statute case remanded trial proceedings inconsistent florida opinion postponed consideration question jurisdiction hearing case merits ii although parties contend jurisdiction review judgment florida suggestion initially made judgment florida might final north dakota state pharmacy bd snyder stores reviewed judgment north dakota case remanded state proceedings conducted respecting snyder application permit operate drug store held final judgment purposes jurisdiction principles finality enunciated snyder stores judgment florida case ripe review iii challenged statute creates right reply press criticism candidate nomination election statute enacted second recorded case decided provisions appellant contends statute void face purports regulate content newspaper violation first amendment alternatively urged statute void vagueness since editor know exactly words call statute operation also contended statute fails distinguish critical comment defamatory appellee supporting advocates enforceable right access press vigorously argue government obligation ensure wide variety views reach public contentions access proponents set detail urged time first amendment constitution ratified part bill rights press broadly representative people serving many newspapers intensely partisan narrow views press collectively presented broad range opinions readers entry publishing inexpensive pamphlets books provided meaningful alternatives organized press expression unpopular ideas often treated events expressed views covered conventional newspapers true marketplace ideas existed relatively easy access channels communication access advocates submit although newspapers present superficially similar press today reality different known early years national existence past half century communications revolution seen introduction radio television lives promise global community use communications satellites specter wired nation means expanding cable television network capabilities printed press said escaped effects revolution newspapers become big business far fewer serve larger literate population chains newspapers national newspapers national wire news services towns dominant features press become noncompetitive enormously powerful influential capacity manipulate popular opinion change course events major metropolitan newspapers collaborated establish news services national scope national news organizations provide syndicated interpretive reporting well syndicated features commentary serve part new school advocacy journalism elimination competing newspapers large cities concentration control media results newspaper owned interests television station radio station important components trend toward concentration control outlets inform public result vast changes place hands power inform american people shape public opinion much editorial opinion commentary printed syndicated columnists distributed nationwide result told national world issues tends homogeneity editorial opinion commentary interpretive analysis abuses bias manipulative reportage likewise said result vast accumulations unreviewable power modern media empires effect claimed public lost ability respond contribute meaningful way debate issues monopoly means communication allows little critical analysis media except professional journals limited readership concentration nationwide news organizations like large institutions grown increasingly remote unresponsive popular constituencies depend depend report task force twentieth century fund task force report national news council free responsive press obvious solution available dissidents earlier time entry publishing relatively inexpensive today additional newspapers economic factors caused disappearance vast numbers metropolitan newspapers made entry marketplace ideas served print media almost impossible urged claim newspapers surrogates public carries concomitant fiduciary obligation account stewardship premise reasoned effective way insure fairness accuracy provide accountability government take affirmative action first amendment interest public informed said peril marketplace ideas today monopoly controlled owners market proponents enforced access press take comfort language several decisions suggests first amendment acts sword well shield imposes obligations owners press addition protecting press government regulation associated press rejecting argument press immune antitrust laws virtue first amendment stated first amendment far providing argument application sherman act provides powerful reasons contrary amendment rests assumption widest possible dissemination information diverse antagonistic sources essential welfare public free press condition free society surely command government shall impede free flow ideas afford combinations refuge impose restraints upon constitutionally guaranteed freedom freedom publish means freedom freedom publish guaranteed constitution freedom combine keep others publishing freedom press governmental interference first amendment sanction repression freedom private interests omitted access advocates note justice douglas decade ago expressed deep concern regarding effects newspaper monopolies one paper monopoly area seldom presents two sides issue often hammers away one ideological political line using monopoly position educate people promote debate inculcate readers one philosophy one attitude make money newspapers give variety views news slanted contrived indeed problem promises get worse great rights cahn ed iv however much validity may found arguments point implementation remedy enforceable right access necessarily calls mechanism either governmental consensual governmental coercion brings confrontation express provisions first amendment judicial gloss amendment developed years foresaw problems relating access early decision associated press supra carefully contrasted private compulsion print called association bylaws provisions district decree appellants compel ap members permit publication anything reason tells published branzburg hayes emphasized cases us involve intrusions upon speech assembly prior restraint restriction press may publish express implied command press publish prefers withhold columbia broadcasting system democratic national committee plurality opinion part iii noted power privately owned newspaper advance political social economic views bounded two factors first acceptance sufficient number readers hence advertisers assure financial success second journalistic integrity editors publishers fortiori decision authorize restriction whatever whether content layout stories commentary originated pittsburgh press columnists contributors contrary reaffirm unequivocally protection afforded editorial judgment free expression views issues however controversial see beginning associated press supra expressed sensitivity whether restriction requirement constituted compulsion exerted government newspaper print otherwise print clear implication compulsion publish reason tells published unconstitutional responsible press undoubtedly desirable goal press responsibility mandated constitution like many virtues legislated appellee argument florida statute amount restriction appellant right speak statute question prevented miami herald saying anything wished begs core question compelling editors publishers publish reason tells published issue case florida statute operates command sense statute regulation forbidding appellant publish specified matter governmental restraint publishing need fall familiar traditional patterns subject constitutional limitations governmental powers grosjean american press florida statute exacts penalty basis content newspaper first phase penalty resulting compelled printing reply exacted terms cost printing composing time materials taking space devoted material newspaper may preferred print correct appellee contends newspaper subject finite technological limitations time confront broadcaster correct say economic reality newspaper proceed infinite expansion column space accommodate replies government agency determines statute commands readers available faced penalties accrue newspaper published news commentary arguably within reach statute editors might well conclude safe course avoid controversy therefore operation florida statute political electoral coverage blunted reduced right access inescapably dampens vigor limits variety public debate new york times sullivan mills alabama stated practically universal agreement major purpose first amendment protect free discussion governmental affairs course includes discussions candidates ordered footnotes state laws pat tornillo look upholding law pat tornillo boss classroom teachers association candidate state legislature runoff election denounced opponent lacking knowledge legislator evidenced failure file list contributions expenditures campaign required law czar tornillo calls violation law inexcusable pat tornillo led cta strike february march school children taxpayers dade country call whatever illegal act public interest clearly prohibited statutes say illegal certainly inexcusable voters sent pat tornillo tallahassee occupy seat district house representatives people brought teacher strike come instructions vote responsible government crutcher harrison ethel beckham pat tornillo tracts blurbs bumper stickers pile daily teachers school mailboxes amidst continuing pouts school board delivering expense screeds say strike issue say maybe part continuation disregard laws cta might find aggravating whether defiance zoning laws cta towers contracts laws strike recently state prohibitions soliciting campaign funds amongst teachers cta says fie try sue us good cta good cta natural law tornillo law maybe years kicking public shin call attention shakedown statesmanship whichever acerbic prexy alleged office always felt private ventures public weal leap chance nab tab half glorious leader salary dues checkoff anything else except perhaps mileage staff hydrofoil give public office says pat doubt live golden rule translation reads gold rule newspaper assailing candidate election space reply newspaper columns assails personal character candidate nomination election election charges said candidate malfeasance misfeasance office otherwise attacks official record gives another free space purpose newspaper shall upon request candidate immediately publish free cost reply may make thereto conspicuous place kind type matter calls reply provided reply take space matter replied person firm failing comply provisions section shall guilty misdemeanor first degree punishable provided disturb circuit holding injunctive relief proper case even statute constitutional according neither side took issue part circuit decision placed following limiting construction statute hold mandate statute refers reply wholly responsive charge made editorial article newspaper replied reply neither libelous slanderous publication anyone else vulgar profane appellee response appellant jurisdictional statement motion affirm judgment alternative dismiss appeal appellant appellee claim uncertainty constitutional validity restricts present exercise first amendment rights brief appellant brief appellee appellant finds urgency present consideration constitutionality statute upcoming elections 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 first test statute declared unconstitutional state supp volusia county judge neither two suits instant action action florida attorney general defended statute constitutionality see generally barron access press new first amendment right harv rev good overview position access advocates see lange role access doctrine regulation mass media critical review assessment rev hereinafter lange congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances see commission freedom press free responsible press hereinafter sometimes commission commission even last years significant increase number people likely read newspapers bagdikian fat newspapers slim coverage columbia journalism review nearly half daily newspapers representing daily sunday circulation owned newspaper groups chains including diversified business conglomerates towns become rule effective competition operating percent large cities background paper alfred balk twentieth century fund task force report national news council free responsive press report task force twentieth century fund task force report national news council free responsive press local monopoly printed news raises serious questions diversity information opinion local newspaper print local affairs see general print power take initiative reporting enunciation opinions extraordinary power set atmosphere determine terms local consideration public issues bagdikian information machines newspapers persuaded congress grant immunity antitrust laws case failing newspapers joint operations stat et seq freedom press right belonging like rights democracy people practical matter however exercised effective access press financial economic technological conditions limit access small minority exercise right minority takes fiduciary characteristics macleish hocking freedom press italics omitted fear private citizens able respond adequately publicity involving solution lies direction ensuring ability respond rather stifling public discussion matters public concern fn fn adopted retraction statutes statutes one writer arguing first amendment read guarantee right access media limited right respond defamatory falsehoods suggested several ways law might encourage public discussion barron access press new first amendment right harv rev important recognize private individual often desires press exposure either ideas causes constitutional adjudication must take account individual interest access press well individual interest preserving reputation even though libel actions nature encourage narrow view individual interest since focus situations individual harmed undesired press attention constitutional rule deters press covering ideas activities private individual thus conceives individual interest narrowly national news council independent voluntary body concerned press fairness created provide means neutral examination claims press inaccuracy council created following publication twentieth century fund task force report national news council free responsive press background paper attached report dealt detail british press council seen author paper interest european press councils hold violates first amendment guarantee free press occasion consider appellant argument statute unconstitutionally vague brief appellee however since amount space newspaper devote live news finite newspaper forced publish particular item must practical matter omit something else number column inches available news predetermined number financial physical factors including circulation amount advertising increasingly availability newsprint note tulane rev one omitted see description likely effect florida statute publishers lange iberty press peril soon government tries compel go newspaper journal merely print observed facts way cow photographed plateglass window soon facts set context interpretation selection editorial selection opens way editorial suppression state force abstention discrimination news without dictating selection chafee government mass communications justice brennan justice rehnquist joins concurring join opinion understand addresses right reply statutes implies view upon constitutionality retraction statutes affording plaintiffs able prove defamatory falsehoods statutory action require publication retraction see generally note vindication reputation public official harv rev justice white concurring today holds first amendment bars state requiring newspaper print reply candidate public office whose personal character criticized newspaper editorials according accepted jurisprudence first amendment erects virtually insurmountable barrier government print media far government tampering advance publication news editorial content concerned new york times newspaper magazine public utility subject reasonable governmental regulation matters affecting exercise journalistic judgment shall printed cf mills alabama learned continue learn view unhappy experiences nations government allowed meddle internal editorial affairs newspapers regardless purposes controlling press might prefer power reason applied public discussion remain intensely skeptical measures allow government insinuate editorial rooms nation press whatever differences may exist interpretations first amendment practically universal agreement major purpose amendment protect free discussion governmental affairs course includes discussions candidates structures forms government manner government operated operated matters relating political processes constitution specifically selected press play important role discussion public affairs thus press serves designed serve powerful antidote abuses power governmental officials constitutionally chosen means keeping officials elected people responsible people selected serve suppression right press praise criticize governmental agents clamor contend change muzzles one agencies framers constitution thoughtfully deliberately selected improve society keep free mills alabama supra justify statute florida advances concededly important interest ensuring free fair elections means electorate informed issues prior compulsion government matters going nerve center newspaper decision copy included given edition collides first amendment woven fabric first amendment unexceptionable nonetheless timeless sentiment liberty press peril soon government tries compel go newspaper chafee government mass communications constitutionally obnoxious feature florida legislature may also placed high premium protection individual reputational interests government certainly pervasive strong interest preventing redressing attacks upon reputation rosenblatt baer quite contrary law runs afoul elementary first amendment proposition government may force newspaper print copy journalistic discretion chooses leave newsroom floor whatever power may reside government influence publishing certain narrowly circumscribed categories material see pittsburgh press human relations new york times white concurring never thought first amendment permitted public officials dictate press contents news columns slant editorials though newspaper may publish without government censorship never entirely free liability chooses print see ibid among things press wholly liberty publish falsehoods damaging individual reputation least today cherished average citizen reputation interest enough afford fair chance vindicate action libel characteristically provided state law unable force press tell side story print retraction least opportunity win judgment able prove falsity damaging publication well fair chance recover reasonable damages injury reaffirming rule press forced print answer personal attack made however throws stark relief consequences new balance forged companion case also announced today gertz robert welch post goes far toward eviscerating effectiveness ordinary libel action long potent response available private citizen libeled press gertz burden proving liability immeasurably increased proving damages made exceedingly difficult vindicating reputation merely proving falsehood winning judgment effect wholly foreclosed needlessly view trivializes denigrates interest reputation removing virtually protection law always afforded course two decisions mean government may dictate press print neither afford remedy libel form gertz leaves putative remedy libel intact albeit severely emaciated form press certainly remains liable knowing reckless falsehoods new york times sullivan progeny however improper injunction publication might one need think less first amendment sustain reasonable methods allowing average citizen redeem falsely tarnished reputation one doubt genuine decency integrity good sense vast majority professional journalists support right individual day falsely maligned public press press servant master citizenry freedom carry unrestricted hunting license prey ordinary citizen plain english freedom carries responsibility even press freedom press freedom responsibility exercise without lively sense responsibility free press may readily become powerful instrument injustice pennekamp florida frankfurter concurring omitted whitney california brandeis concurring letter charles yancey writings thomas jefferson lipscomb ed