Legal Opinion

Herbert v. Lando

Court of Appeals for the Second Circuit

Decided January 15, 1986No. Nos. 569, 570, Docket 85-7014, 85-7446PublishedCited by 50 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

The First Amendment embodies one of our nation’s strongest ideals, but in practice the principle itself has been subject to constant, unyielding attack. In media defamation law, there have been relentless demands for redress when the media appears to have exceeded the bounds of propriety. So it is that our courts, sensing that shackles on the press might be more easily imposed than lifted, have repeatedly refused demands that they restrict the scope of the First Amendment guarantees of free speech and a free press.

The Supreme Court recognized this principle…

2Cases cited27 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. St. Amant v. ThompsonSupreme Court of the United States · 1968
  5. Herbert v. LandoSupreme Court of the United States · 1979

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3Cited by50 opinions

  1. Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
  2. Biro v. Condé NastCourt of Appeals for the Second Circuit · 2015
  3. Liberty Lobby, Inc. v. Dow Jones & Company, Inc.Court of Appeals for the D.C. Circuit · 1988
  4. Tavoulareas v. PiroCourt of Appeals for the D.C. Circuit · 1987
  5. Larry Zerangue and Leon B. Carriere, Cross-Appellees v. Tsp Newspapers, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1987

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