Legal Opinion
McDonald v. Smith
Supreme Court of the United States
Decided June 19, 1985No. 84-476PublishedCited by 431 opinions
1Opinion of the CourtChief Justice Burger
We granted certiorari to decide whether the Petition Clause of the First Amendment provides absolute immunity to a defendant charged with expressing libelous and damaging falsehoods in letters to the President of the United States.
I
In July 1981, respondent commenced a libel action against petitioner in state court under the common law of North Carolina. Respondent alleged that while he was being considered for the position of United States Attorney, petitioner *481wrote two letters to President Reagan.1 The complaint alleges that these letters “contained false, slanderous, libelous, inflammatory…
2Cases cited14 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Garrison v. LouisianaSupreme Court of the United States · 1964
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Thomas v. CollinsSupreme Court of the United States · 1945
- United States v. CruikshankSupreme Court of the United States · 1876
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3Cited by431 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Thomas L. Apple v. John Glenn, U.S. SenatorCourt of Appeals for the Sixth Circuit · 1999
- White v. LeeCourt of Appeals for the Ninth Circuit · 2000
- White v. LeeCourt of Appeals for the Ninth Circuit · 2000
- Silva v. Di VittorioCourt of Appeals for the Ninth Circuit · 2011
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