Garrison v. Louisiana/Concurrence Goldberg

Mr. Justice GOLDBERG, concurring.

I agree with the Court that there is 'no difficulty in bringing the appellant's statement within the purview of criticism of the official conduct of public officials * *  * .' Ante, at 76. In New York Times Co. v. Sullivan, 376 U.S. 254, 297, 84 S.Ct. 710, 735, 11 L.Ed.2d 686, I expressed my conviction 'that the Constitution accords citizens and press an unconditional freedom to criticize official conduct.' Id., at 305, 84 S.Ct. at 739. New York Times was a civil libel case; this is a criminal libel prosecution. In my view, '(i)f the rule that libel on government has no place in our Constitution is to have real meaning, then libel (criminal or civil) on the official conduct of the governors likewise can have no place in our Constitution.' Id., at 299, 84 S.Ct., at 736.