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1st Amendment and Free Speech/1st amendment
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Question
Do you think that a newspaper has the right to publish false information and still be proteccted under the 1st Amendment?
Hi Jody,
The Supreme Court has said that the First Amendment does not protect false statements of fact. However, newspapers have a fair amount of leeway in publishing information as long as they think it is true and are not acting with reckless disregard for the truth (in other words they took some basic steps to verify the story). The reasoning behind this is that without some breathing rooms, newspapers would be afraid to publish anything because of the fear it might turn out to be untrue. The Court believed that a free press' role in bringing bad deeds to light would be impaired by to strict a rule.
The landmark opinion in this area is New York Times v. Sullivan.
I hope this helps!
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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