Miami Herald Publishing Company v. Tornillo: The Constitutional Distinction between Print and Broadcast Media

Abstract

This brief article discusses the Supreme Court’s decision in Miami Herald Publishing Company v. Tornillo, where a unanimous Court struck down a state law granting a right to reply to political candidates whose personal character or official record have been attacked by newspapers. This right-of-reply statute permitted the attacked candidate to demand that the newspaper print free of charge any reply that the candidate wished to make to the newspaper’s editorial criticisms. By giving the print media a constitutionally protected editorial autonomy, Tornillo dramatically differed from the Court’s treatment of the broadcast media.

Keywords: Right-of-reply statute, newspaper editorial criticism, First Amendment

JEL Classification: K1, K3, K10, K30