Abe Fortas

“ There are great and important values in our society, none of which is greater than those reflected in the First Amendment, but which are also fundamental and entitled to this Court's careful respect and protection. Among these is the right to privacy, which has been eloquently extolled by scholars and members of this Court. ”

“ A distinct right of privacy is now recognized, either as a 'commonlaw' right or by statute, in at least 35 States. [3] Its exact scope varies in the respective jurisdictions. It is, simply stated, the right to be let alone; to live one's life as one chooses, free from assault, intrusion or invasion except as they can be justified by the clear needs of community living under a government of law. ”

“ The instruction requires the jury to find both that (1) defendant 'falsely connected' plaintiffs with the play, and (2) did so knowingly or through failure to make a reasonable investigation. This is certainly a charge satisfying the Court's requirement that 'a verdict of liability could be predicated only on a finding of knowing or reckless falsity in the publication of the Life article.' An error in the course of investigation might be mere negligent misstatement. Failure to make a reasonable investigation is something else. ”

“ If the defendant altered or changed the true facts so that the article as published was a fictionalized version, this, in my judgment, was a knowing or reckless falsity. 'Alteration' or 'change' denotes a positive act-not a negligent or inadvertent happening. 'Fictionalization' and 'fiction' to the ordinary mind mean so departing from fact and reality as to be deliberately divorced from the fact-not merely in detail but in general and pervasive impact. ”

“ This Court cannot and should not refuse to permit under state law the private citizen who is aggrieved by the type of assault which we have here and which is not within the specially protected core of the First Amendment to recover compensatory damages for recklessly inflicted invasion of his rights. ”

“ But part of this responsibility is to preserve values and procedures which assure the ordinary citizen that the press is not above the reach of the law-that its special prerogatives, granted because of its special and vital functions, are reasonably equated with its needs in the performance of these functions. ”

“ In the first place, the Court does not adequately deal with the fact that the jury returned a verdict for exemplary or punitive damages, under special instructions dealing with them, as well as for compensatory damages. ”

“ Justice Stewart, concurring, referred to the 'right of a man to the protection of his own reputation from unjustified invasion and wrongful hurt' as reflecting 'our basic concept of the essential dignity and worth of every human being-a concept at the root of any decent system of ordered liberty.' He referred to the 'protection of private personality, like the protection of life itself,' as entitled to 'recognition by this Court as a basic of our constitutional system.' See also Mr. ”