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Miami Herald v. Tornillo

United States Supreme Court
418 U.S. 241 (1974)


Facts

Pat Tornillo (plaintiff) was a candidate for the Florida House of Representatives seat of Dade County, Florida. Miami Herald (defendant) was a newspaper that printed two editorials criticizing Tornillo’s candidacy. Tornillo demanded that the Miami Herald publish his responses to the editorials. The newspaper refused and Tornillo brought suit in Florida state court under a Florida statute that granted political candidates criticized by a newspaper the right to have their responses to the criticisms published. The Miami Herald argued that this statute was a violation of the First Amendment’s protection of the freedom of press. The trial court ruled that the statute was unconstitutional, but the Florida Supreme Court reversed. The Miami Herald appealed to the United States Supreme Court.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Burger, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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