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Curtis Pub. Co. Vs. Butts

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  • US Supreme Court
  • Jun 12, 1967

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67 entries 8 linked 59 unlinked
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  1. Rosenblatt Vs. Baer US Supreme Court · Feb 21, 1966
  2. Time, Inc. Vs. Hill US Supreme Court · Jan 09, 1967
  3. Palko Vs. Connecticut US Supreme Court · Dec 06, 1937
  4. Thornhill Vs. Alabama US Supreme Court · Apr 22, 1940
    Relied / Followed
  5. Respublica Vs. Oswald US Supreme Court · Jan 01, 1788
  6. Garrison Vs. Louisiana US Supreme Court · Nov 23, 1964
  7. New York Times Co. Vs. Sullivan US Supreme Court · Mar 09, 1964
  8. Associated Press Vs. Walker US Supreme Court · Oct 16, 1967
  9. U.S. 130 (1967) U.S. Supreme Court Curtis Pub. Co. v. Butts
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  10. U.S. 130 (1967) Curtis Publishing Co. v. Butts
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  11. which was reduced by remittitur. The trial court rejected the defense's new trial motion based on New York Times Co. v. Sullivan
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  12. In New York Times Co. v. Sullivan
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  13. case, 376 U.S. at 376 U. S. 283 , n. 23, and while that question has been involved in later cases, Garrison v. Louisiana
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  14. rule should apply only in actions brought by public officials or whether it has a longer reach. Compare, e.g., Pearson v. Fairbanks
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  15. Publishing Co., 413 P.2d 711 (Alaska), with Clark v. Pearson
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  16. that opportunity. We think they are best treated together in one opinion. I No. 37, Curtis Publishing Co. v. Butts
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  17. F.2d 702, 713, on the basis of Michel v. Louisiana
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  18. certiorari, as indicated above. For reasons given below, we would affirm. II No. 150, Associated Press v. Walker
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  19. waived its right to assert such arguments by failing to assert them before trial. As our dispositions of Rosenblatt v. Baer
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  20. is equally clear that even constitutional objections may be waived by a failure to raise them at a proper time, Michel v. Louisiana
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  21. but an effective waiver must, as was said in Johnson v. Zerbst
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  22. contention. Although our decision in New York Times did draw upon earlier precedents in state law, e.g., Coleman v. MacLennan
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  23. Our rejection of Butts' arguments is supported by factors which point to the justice of that conclusion. See Hormel v. Helvering
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  24. are unwilling to find waiver in circumstances which fall short of being clear and compelling. Cf. New York Times Co. v. Connor
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  25. Times rule in both cases. In Butts, it is contended that the facts are on all fours with those of Rosenblatt v. Baer
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  26. Afro-American Publishing Co. v. Jaffe
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  27. Buckley v. New
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  28. not only in these cases, but in all libel actions arising from a publication concerning public issues. In Time, Inc. v. Hill
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  29. Pauling v. Globe-Democrat
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  30. constitutional interest there involved and the interests of personal reputation and press responsibility, Rosenblatt v. Baer
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  31. New York Times an unintended inexorability at the threshold of this new constitutional development. In Time, Inc. v. Hill
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  32. blind application of New York Times Co. v. Sullivan
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  33. when the disruptive effects of speech might strip the protection from the speaker, to our recent decision in Adderley v. Florida
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  34. Naacp V. Page
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  35. because of the personal nature of this right that we have rejected all manner of prior restraint on publication, Near v. Minnesota
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  36. Associated Press v. Labor
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  37. and ideas, Associated Press v. Labor
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  38. at 301 U. S. 133 , nor because of their history or impact constitute a special burden on the press, Grosjean v. American
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  39. truth of the publication. The same truthful statement might be the basis of a criminal libel action. See Commonwealth v. Clap
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  40. State v. Browne
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  41. interest, the argument that a finding of falsity alone should strip protections from the publisher. New York Times Co. v. Sullivan
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  42. Our resolution of New York Times Co. v. Sullivan
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  43. U. S. 86 . Such officials usually enjoy a privilege against libel actions for their utterances, see, e.g., Barr v. Matteo
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  44. Dennis v. United
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  45. a legitimate call upon the court for protection in light of his prior activities and means of self-defense. See Brewer v. Hearst
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  46. Flanagan v. Nicholson
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  47. under ordinary tort rules. See Spahn v. Julian
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  48. U.S. Supreme Court Curtis Pub. Co. v. Butts
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  49. Curtis Publishing Co. v. Butts
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  50. Pearson v. Fairbanks
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