BLACK, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

403 U.S. 29

Rosenbloom v. Metromedia

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

MR. JUSTICE BLACK, concurring in the judgment.

I concur in the judgment of the Court for the reasons stated in my concurring opinion in New York Times Co. v. Sullivan, 376 U.S. 254, 293 (1964), in my concurring and dissenting opinion in Curtis Publishing Co. v. Butts, 388 U.S. 130, 170 (1967), and in MR. JUSTICE DOUGLAS' concurring opinion in Garrison v. Louisiana, 379 U.S. 64, 80 (1964). I agree, of course, that First Amendment protection extends to

all discussion and communication involving matters of public or general concern, without regard to whether the persons involved are famous or anonymous.

Ante at 44. However, in my view, the First Amendment does not permit the recovery of libel judgments against the news media even when statement are broadcast with knowledge they are false. As I stated in Curtis Publishing Co. v. Butts, supra,

[I]t is time for this Court to abandon New York Times Co. v. Sullivan and adopt the rule to the effect that the First Amendment was intended to leave the press free from the harassment of libel judgments.

Id. at 172.