191, 208—209. It therefore refuses to condition the private plaintiff's recovery on a showing of intentional or reckless falsehood as required by New York Times. I assume these sweeping changes will be popular with the press, but this is not the road to salvation for a court of law. on the basis of his failure to show knowledge of falsity or reckless disregard for the truth constituted unfair surprise and deprived him of a full and fair opportunity to prove 'actual malice' on the part of respondent. pending, No. ); Murdock v. Pennsylvania, 319 U.S. 105, 108, 63 S.Ct. Note, The Scope of First Amendment Protection for Good-Faith Defamatory Error, 75 Yale L.J. * Lest there be any mistake about it, the changes wrought by the Court's decision cut very deeply. So many actions have been maintained and judgments recovered under the various laws of libel that the Constitutional validity of libel actions could be denied only by a Court willing to hold all of its predecessors were wrong in their interpretation of the First Amendment and that two hundred years of precedents should be overruled.' This Court in bygone years has repeatedly dealt with libel and slander actions from the District of Columbia and from the Territories. There is even a strong suggestion that he favored state prosecutions. The need to avoid self-censorship by the news media is, however, not the only societal value at issue. Petitioner asserts that the entry of judgment n.o.v. Chaplinsky v. New Hampshire, 315 U.S. 568, 571—572, 62 S.Ct. 15. BENCH: Warren E. Burger, C.J. Under a reasonable-care regime, publishers and broadcasters will have to make prepublication judgments about juror assessment of such diverse considerations as the size, operating procedures, and financial condition of the newsgathering system, as well as the relative costs and benefits of instituting less frequent and more costly reporting at a higher level of accuracy. 13, at 13; see also Sutherland, supra, m. 12, at 124—125; Schick v. United States, 195 U.S. 65, 69, 24 S.Ct. None of the prospective jurors called at the trial had ever heard of petitioner prior to this litigation, and respondent offered no proof that this response was atypical of the local population. 310 (1969). In his capacity as counsel for the Nelson family in the civil litigation, petitioner attended the coroner's inquest into the boy's death and initiated actions for damages, but he neither discussed Officer Nuccio with the press nor played any part in the criminal proceeding. A fortiori I disagree with my Brother WHITE'S view that the States should have free rein to impose strict liability for defamation in cases not involving public persons. abridging the freedom of speech or the press' only after he suggested: The people shall not be deprived of their right to speak, to write, or otherwise to publish anything but false facts affecting injuriously the life, liberty or reputation of others . Although the law allowed recovery of damages for harm caused by exposure to public attention rather than by factual inaccuracies, it recognized truth as a complete defense. Mr. Justice Harlan dissented. For my part, I would require something more substantial than an undifferentiated fear of unduly burdensome punitive damages awards before retooling the established common-law rule and depriving the States of the opportunity to experiment with different methods for guarding against abuses. Adoption, by many States, of a reasonable-care standard in cases where private individuals are involved in matters of public interest—the probable result of today's decision—will likewise lead to self-censorship since publishers will be required carefully to weigh a myriad of uncertain factors before publication. 669, 678, 15 L.Ed.2d 597 (concurring). The important public policy which underlies this tradition—the right to counsel—would be gravely jeopardized if every lawyer who takes an 'unpopular' case, civil or criminal, would automatically become fair game for irresponsible reporters and editors who might, for example, describe the lawyer as a 'mob mouthpiece' for representing a client with a serious prior criminal record, or as an 'ambulance chaser' for representing a claimant in a personal injury action. 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