Name: Rosenblatt v. Baer — Dissent
Author: Hugo Black

Quotes from Rosenblatt v. Baer — Dissent (Hugo Black)

Hugo Black, Rosenblatt v. Baer — Dissent

“ I cannot understand why a statement which a jury is permitted to read as meaning 'A is a thief' should become absolutely privileged if it is read as meaning 'A, B, C, and D are thieves.'
Without receding in any way from our ruling in New York Times that impersonal criticism of government cannot be made a basis for a libel action by an official who heads the branch or agency involved, I dissent from the Court's conclusion that this is such a case. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ Unconditional freedom to criticize the way such public functions are performed is in my judgment necessarily included in the guarantees of the First Amendment. And the right to criticize a public agent engaged in public activities cannot safely, and should not, depend upon whether or not that agent is arbitrarily labeled a 'public official.' Nor should the right to criticize depend upon how high a position in government a public agent may occupy. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ The only sure way to protect speech and press against these threats is to recognize that libel laws are abridgments of speech and press and therefore are barred in both federal and state courts by the First and Fourteenth Amendments. I repeat what I said in the New York Times case that 'An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.'
Finally, since this case is to be sent back and a new trial may follow, I add one further thought. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ Many of the States familiar with this oppressive practice of denying the jury and granting the judge power to determine the guilt of a defendant in libel cases wrote in their constitutions special provisions to protect the right to trial by jury in such cases. I regret to see the Court take a single step in the direction of holding that a judge rather than the jury is to have the determination of any fact in libel cases. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ This is a very different case from New York Times, where the alleged libel concerned not an identified small group responsible for the running of a particular public enterprise, but a criticism of 'the police' generally in the discharge of their duties. It seems manifest that in instructing the jury as to a 'small group,' the trial judge was not allowing the plaintiff to transform impersonal governmental criticism into an individual cause of action, but was simply referring to this traditional tort doctrine that more than one person can be libeled by the same statement. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ Half-million-dollar judgments for libel damages like those awarded against the New York Times will not be stopped by requirements that 'malice' be found, however that term is defined. Such a requirement is little protection against high emotions and deep prejudices which frequently pervade local communities where libel suits are tried. ”

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Source: Wikisource

Hugo Black, Rosenblatt v. Baer — Dissent

“ Respondent Baer managed the financial affairs of a ski recreation center owned and operated by Belknap County, New Hampshire. Petitioner Rosenblatt, an unpaid columnist for a local newspaper, published a column criticizing the past management of the center. ”

Hugo Black

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Quotes from Rosenblatt v. Baer — Dissent (Hugo Black)

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Hugo Black

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Quotes from Rosenblatt v. Baer — Dissent (Hugo Black)

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