Adequate Breathing Space in a Poisonous Atmosphere: Balancing Freedom and Responsibility in the Open Society

Abstract

The United States Supreme Court has invoked the first amendment as a constraint on state defamation actions, balancing the freedom of the press with the rights of individuals. The author examines the development of this balance and its purposes, and suggests that further limitation of the states\u27 power to protect its citizens may be harmful to both the press and the public