Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974), was a seminal First Amendment ruling by the United States Supreme Court. The Supreme Court overturned a Florida state law that required newspapers to offer equal space to political candidates who wished to respond to election-related editorials or endorsements. The Supreme Court ruled that law was an unconstitutional restriction of freedom of the press under the First Amendment.
Background
In 1972 Pat Tornillo, a candidate for an upcoming election to the Florida House of Representatives, found that the Miami Herald had criticized his candidacy and endorsed his opponent. Tornillo wrote some replies in which he accused the newspaper of defaming his character, and demanded that the newspaper offer him free space in which to print them. Such a request was permissible under a Florida right of reply statute for newspapers (Florida Statute § 104.38).
The Miami Herald requested a special appeal to the United States Supreme Court, because of questions related to the federal constitution, and the Supreme Court accepted the case per a federal law stating that a state supreme court's ruling on a federal question may not be the final word.
Opinion of the court
The Supreme Court struck down the Florida right of reply statute for reasons of compelled speech, chilled speech, and the financial nature of the newspaper industry. The court held that the Florida statute violated the First Amendment by requiring newspapers to publish text against their will, while the statute may chill the press because "editors may conclude that the safe course is to avoid controversy." Thus, the Supreme Court overturned the Florida right of reply statute as a violation of freedom of the press, "because of its intrusion into the function of editors" and its restrictions on "the exercise of editorial control and judgment." However, this ruling is part of an inconsistent duo of cases, with the other being Red Lion Broadcasting Co. v. FCC (1969), in which the Supreme Court upheld different levels of government regulation for print media vs. broadcast media. This has resulted in frequent criticism of the differing free speech protections for different types of mass media simply because of their delivery methods.