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Constitutional Law Keyed to Choper
Miami Herald Pub. Co. v. Tornillo
Citation:
418 U.S. 241 (1974)Facts
In 1972, Pat Tornillo was a candidate for the Florida House of Representatives and served as the Executive Director of the Classroom Teachers Association. The Miami Herald published two editorials on September 20 and September 29, 1972, criticizing Tornillo’s candidacy and past actions, particularly referencing his leadership during a teachers’ strike in 1968. Following these publications, Tornillo demanded that the newspaper print his replies verbatim under Florida Statute § 104.38, which required newspapers to provide equal space for a candidate to respond to criticism. When the Miami Herald refused to publish his responses, Tornillo filed suit seeking declaratory and injunctive relief as well as damages. The Florida statute made it a misdemeanor for newspapers to fail to comply with a candidate’s request for reply space.
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