Miami Herald Publishing Co. v. Tornillo

''Miami Herald Publishing Co. v. Tornillo'', 418 U.S. 241 (1974), was a seminal First Amendment ruling at the United States Supreme Court. The Supreme Court overturned a Florida state law that required newspapers to offer equal space to political candidates who wished to respond to election-related editorials or endorsements. That law was found to be an unconstitutional restriction of freedom of the press under the First Amendment.''Miami Herald Publishing Co. v. Tornillo''
418 US 241
(1974).

Background

In 1972 Pat Tornillo, a candidate for an upcoming election to the Florida House of Representatives, found that the '' Miami Herald'' newspaper had criticized his candidacy and endorsed his opponent. Tornillo wrote some replies in which he accused the newspaper of defaming his character, and demanded that the newspaper offer him free space in which to print them. Such a request was permissible under a Florida right of reply statute for newspapers (Florida Statute § 104.38).

The newspaper refused Tornillo's demands so he sued in Florida court for violation of the state's right of reply statute. The ''Miami Herald'' responded that the Florida statute was a violation of the First Amendment to the U.S. Constitution, because it compelled newspapers to print content against their will. After several local hearings, the case was sent to the Supreme Court of Florida, which ruled that the Florida statute was not a constitutional violation because, by offering media space to anyone regardless of their financial power or publishing abilities, it enhanced rather than restricted free speech.

The ''Miami Herald'' requested a special appeal to the United States Supreme Court, because of questions related to the federal constitution, and the Supreme Court accepted the case per a federal law stating that a state supreme court's ruling on a federal question may not be the final word.

Opinion of the court

The Supreme Court struck down the Florida right of reply statute for reasons of compelled speech, chilled speech, and the financial nature of the newspaper industry. The court held that the Florida statute violated the First Amendment by requiring newspapers to publish text against their will, while the statute may chill the press because "editors may conclude that the safe course is to avoid controversy".

Furthermore, the Court held that unlike mass media broadcasting in which a right of reply may be merited due to scarce frequencies, the newspaper industry suffered no such restrictions and a criticized person would have a relatively easier time founding a competing publication, or even starting a new publication of their own.

Thus, the Supreme Court overturned the Florida right of reply statute as a violation of freedom of the press, "because of its intrusion into the function of editors" and its restrictions on "the exercise of editorial control and judgment."

Impact

''Miami Herald Publishing Co. v. Tornillo'' has been widely cited as one of the most important Supreme Court rulings on freedom of the press, serving as a crucial precedent in later disputes over government attempts to control the activities of newspapers. However, this ruling is part of an inconsistent duo of cases, with the other being '' Red Lion Broadcasting Co. v. FCC'', in which the Supreme Court upheld different levels of government regulation of print media vs. broadcast media. This has resulted in frequent criticism of the differing free speech protections for different types of mass media simply because of their delivery methods.

References

External links

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United States Free Speech Clause case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
1974 in United States case law
1974 in Florida
Miami Herald

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