Milkovich v. Lorain Journal Co.
| Milkovich v. Lorain Journal Co. | |
|---|---|
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| Argued April 24, 1990 Decided June 21, 1990 |
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| Full case name | Michael Milkovich v. Lorain Journal Company, et al. |
| Citations | 497 U.S. 1 (more)
110 S. Ct. 2695; 111 L. Ed. 2d 1; 1990 U.S. LEXIS 3296; 58 U.S.L.W. 4846; 17 Media L. Rep. 2009
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| Prior history | Directed verdict for respondents, Court of Common Pleas, Lake County, Ohio; reversed and remanded, 65 Ohio App. 2d 143, 416 N.E.2d 662 (App. Ct.-11th 1979); appeal dismissed by Supreme Court of Ohio; certiorari denied, 449 U.S. 966 (1980); summary judgment to petitioner at trial court; affirmed on appeal; reversed and remanded, 15 Ohio St.3d 292, 473 N.E.2d 1191 (1984); cert. denied, 474 U.S. 953 (1985); trial court, summary judgment in favor of respondents; affirmed, 46 Ohio App. 3d 20; appeal dismissed, Supreme Court of Ohio; cert. granted, 493 U.S. 1055 (1990) |
| Subsequent history | Settled out of court |
| Holding | |
| The First Amendment does not require a separate "opinion" privilege limiting the application of state defamation laws. Supreme Court of Ohio reversed and remanded. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by White, Blackmun, Stevens, O'Connor, Scalia, Kennedy |
| Dissent | Brennan, joined by Marshall |
| Laws applied | |
| U.S. Const. amend. I | |
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. It was seen by legal commentators as the end of an era that began with New York Times Co. v. Sullivan and continued with Gertz v. Robert Welch, Inc., in which the court clarified and greatly expanded the range and scope of what could be said in the press without fear of litigation.
The case took a long time to come before the court, which twice declined to hear it. When it finally did, the justices suggested they would clarify once and for all the extent to which opinions could be expressed without fear of being held libellous. The actual decision, however, was regarded as having confused the issue somewhat instead. Several state courts have responded by recognizing an opinion privilege in some way in their own jurisprudence.
On February 8, 1974, a key high school wrestling match between teams from the Cleveland suburbs of Maple Heights and Mentor, fierce rivals at the time, degenerated into a brawl in which first the Maple Heights team, then its fans, attacked the Mentor squad. Several members were hospitalized as a result.
Many present believed that Mike Milkovich, then the Maple Heights High School coach, had played a large part in causing the brawl by publicly criticizing decisions made by referees and inciting the crowd. At a hearing shortly afterwards, the Ohio High School Athletic Association (OHSAA) put the school on probation for a year and ruled Maple Heights ineligible for the next year's state tournament.
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