Herbert v. Lando (1978)
- Docket
- 77-1105
- Decided
- 1978-01-01
Summary
Question: In an accusation of libel, do the First and Fourteenth Amendments protect members of the press from inquiries into their thoughts, opinions, and conclusions that go into the editorial process? Conclusion: The Court reversed the decision of the Court of Appeals and held that the privilege not to answer editorial inquiries is not absolute. Justice White argued that shielding editorial decision-making from inquiry would "substantially enhance the burden of proving actual malice," a burden which was already substantial in the Court's view. White was confident that investigations into this process for falsehood or libelous reporting would not lead to self-censorship of stories that are documented and true; "only reckless error will be discouraged," which would not threaten the constitutionally protected freedom of the press.