| Miami Herald Publishing Co. v. Pat Tornillo | |
|---|---|
) | |
| Argued April 17, 1974 Decided June 25, 1974 | |
| Full case name | Miami Herald Publishing Company, Division of Knight Newspapers, Incorporated v. Tornillo |
| Citations | 418 U.S. 241 (more) 94 S. Ct. 2831; 41 L. Ed. 2d 730; 1974 U.S. LEXIS 86; 1 Media L. Rep. 1898 |
| Case history | |
| Prior | Appeal from the Supreme Court of Florida |
| Holding | |
| A Florida law requiring newspapers to allow equal access to political candidates in the case of a political editorial or endorsement content is unconstitutional. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Burger, joined by unanimous |
| Concurrence | Brennan, joined by Rehnquist |
| Concurrence | White |
| Laws applied | |
| U.S. Const. amend. I | |
Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974), was a United States Supreme Court case that overturned a Florida state law requiring newspapers to allow equal space in their newspapers to political candidates in the case of a political editorial or endorsement content. The court held that while the statute does not "prevent [newspapers] from saying anything [they] wish" it "exacts a penalty on the basis of the content." Because newspapers are economically finite enterprises, "editors may conclude that the safe course is to avoid controversy," thereby chilling speech. Furthermore, the Court held the exercise of editorial judgment is a protected First Amendment activity. In effect, this ruling reaffirmed the constitutional principle of freedom of the press (detailed in the First Amendment) and prevented state governments from controlling the content of the press.
Miami attorney Dan Paul, long-time attorney for the Miami Herald, was its chief lawyer in the case.[1]
See also
- Red Lion Broadcasting Co. v. FCC (1969)
- List of United States Supreme Court cases, volume 418
- Fairness doctrine
- Right of reply
References
- ^ Dennis Hevesi (February 2, 2010). "Dan Paul, 85, leading lawyer for press freedom". Boston Globe. – via HighBeam Research (subscription required). Archived from the original on May 9, 2013. Retrieved 24 April 2013.
External links
- Text of Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)