Quotations from New York Times v. Sullivan
1. Thus, we consider this case against the background of a
profound national commitment to the principle that debate on
public issues should be uninhibited, robust, and wide-open,
and that it may well include vehement, caustic, and sometimes
unpleasantly sharp attacks on government and public officials.
The present advertisement, as an expression of grievance and
protest on one of the major public issues of our time, would
seem clearly to qualify for the constitutional protection. The
question is whether it forfeits that protection by the falsity
of some of its factual statements and by its alleged
defamation of respondent.
Authoritative interpretations of the First Amendment
guarantees have consistently refused to recognize an exception
for any test of truth -- whether administered by judges,
juries, or administrative officials -- and especially one that
puts the burden of proving truth on the speaker. The
constitutional protection does not turn upon "the truth,
popularity, or social utility of the ideas and beliefs which
are offered."
2. That erroneous statement is inevitable in free debate, and
that it must be protected if the freedoms of expression are to
have the "breathing space" that they "need . . . to survive. .
."
3. The constitutional guarantees require, we think, a federal
rule that prohibits a public official from recovering damages
for a defamatory falsehood relating to his official conduct
unless he proves that the statement was made with "actual
malice" -- that is, with knowledge that it was false or with
reckless disregard of whether it was false or not.