McDonald v. Smith
Encyclopedia
McDonald v. Smith, 472 U.S. 479
(1985), was a case in which the Supreme Court of the United States
held that the right to petition
does not provide absolute immunity to petitioners; it is subject to the same restrictions as other First Amendment
rights.
concerning Smith's possible appointment as a United States attorney
. Smith claimed that these libelous claims damaged both his chances of appointment and his reputation and career. McDonald first had the case removed to federal court on the basis of diversity of citizenship. Then, since the alleged libel was contained in a letter (petition) to the President, he moved for judgment on the pleadings on the grounds that the Petition Clause of the First Amendment protected his right express his views without limitation as long as it was part of a constitutionally protected petition.
took no part in the case) that the right to petition was subject to the same legal limitations that the rights to speech and the press
are as previously decided in New York Times Co. v. Sullivan
. Therefore, claims made in the original letter, or in any similar petition, were and are subject to libel lawsuits to be judged on their merits. Chief Justice Burger delivered the opinion of the court, in which all other members joined. Justice Brennan wrote a concurrence joined by Justices Marshall
and Blackmun
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1985), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the right to petition
Right to petition
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.-United States:...
does not provide absolute immunity to petitioners; it is subject to the same restrictions as other First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights.
Background
In 1981, David Smith brought a libel suit against Robert McDonald claiming that the latter had included knowing and malicious lies about him in a letter to the PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
concerning Smith's possible appointment as a United States attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
. Smith claimed that these libelous claims damaged both his chances of appointment and his reputation and career. McDonald first had the case removed to federal court on the basis of diversity of citizenship. Then, since the alleged libel was contained in a letter (petition) to the President, he moved for judgment on the pleadings on the grounds that the Petition Clause of the First Amendment protected his right express his views without limitation as long as it was part of a constitutionally protected petition.
Issue
The issue before the court was whether the right to petition the government granted absolute immunity from liability.Decision
The court decided 8-0 (Justice PowellLewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
took no part in the case) that the right to petition was subject to the same legal limitations that the rights to speech and the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
are as previously decided in New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
. Therefore, claims made in the original letter, or in any similar petition, were and are subject to libel lawsuits to be judged on their merits. Chief Justice Burger delivered the opinion of the court, in which all other members joined. Justice Brennan wrote a concurrence joined by Justices Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
and Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
.
External links
- McDONALD v. SMITH, 472 U.S. 479 (1985) Full text of the opinion courtesy of Findlaw.com
- Transcript and recording of oral arguments