Miami Herald Pub. Co. v. Tornillo

Facts

The appellant challenged the state statute granting a political candidate a right to equal space to reply to criticism and attacks on his record by a newspaper in violation of the guarantees of a free press. In the fall of 1972, the appellee, as a teachers’ collective-bargaining agent, was a candidate for the Florida House of Representative. Twice in 1972, the appellant printed editorials critical of appellee’s candidacy. In response to these editorials appellee demanded that appellant print verbatim his replies, defending the role of the Classroom Teachers Association and the organization’s accomplishments for the citizens of Dade Court. Appellee brought suit premised on Florida statute, a right of reply statute that provides that if a candidate for nomination or election is assailed regarding his personal character by any newspaper, the candidate has the right to demand that the newspaper print any reply the candidate may make to the newspaper’s charges.