Monitor Patriot Company v. Roy/Dissent Black

Separate opinion of Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins.

I concur in the judgments of the Court in this case and in No. 109 and No. 118, for the reasons set out in my concurring opinion in New York Times Co. v. Sullivan, 376 U.S. 254, 293, 84 S.Ct. 710, 733, 11 L.Ed.2d 686 (1964), in my concurring and dissenting opinion in Curtis Publishing Co. v. Butts, 388 U.S. 130, 170, 87 S.Ct. 1975, 1999, 18 L.Ed.2d 1094 (1967), and in Mr. Justice Douglas' concurring opinion in Garrison v. Louisiana, 379 U.S. 64, 80, 85 S.Ct. 209, 218-219, 13 L.Ed.2d 125 (1964). However, I dissent from those portions of the opinions in this case and No. 118 which would permit these libel cases to be tried again under a different set of jury instructions. As I have stated before, '(I)t is time for this Court to abandon New York Times Co. v. Sullivan and adopt the rule to the effect that the First Amendment was intended to leave the press free from the harassment of libel judgments.' Curtis Publishing Co. v. Butts, supra, 388 U.S. at 172, 87 S.Ct. at 2000. (separate opinion of Black, J.).