NEW YORK TIMES Co. v. SULLIVAN: A FIRST AMENDMENT LAWYER'S RETROSPECTIVE

摘要

Forty years after it was delivered, New York Times Co. v. Sullivan remains one of the Supreme Court's most important opinions. This essay explores three questions about the opinion: How novel was it? How significant was it? How beneficial was it? The answers to these questions focus on the expanded protection for the criticism of public officials, recognizing that robust public debate is highly important, even in the face of possible abuse by critics. Part of the import of the opinion, however, lies not in what was decided, but in what was not decided.