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Constitutional Law Keyed to Barnett
Miami Herald v. Tornillo
Citation:418 U.S. 241 (1974)
Appellee Tornillo was the Executive Director of the Classroom Teacher’s Association in Florida and was also running for the Florida House of Representatives. While Tornillo was a candidate, the Miami Herald (a newspaper in Florida) wrote an editorial article arguing that one of the strikes which Tornillo had lead in his capacity as Director of the Teacher’s Association was “an illegal act against the public interest and clearly prohibited by the statute.” Tornillo demanded that the Miami Herald print his response, but the newspaper refused. Tornillo sought declaratory relief, injunctive relief, and damages under Florida Statute 104.38, which provided that if the character of a political candidate was criticized by any newspaper, the candidate had a right to demand that the newspaper print, free of cost, the candidate’s reply.
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