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New York Times v Sullivan Gonzales v Oregon

New York Times v Sullivan Gonzales v Oregon. Nick Mihalyi. NYT v Sullivan. January 6, 1964 Full page ad in the Times asking for money to defend MLK against perjury charges Ad said that MLK had been arrested 7 times, which was untrue (actually 4)

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New York Times v Sullivan Gonzales v Oregon

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  1. New York Times v SullivanGonzales v Oregon Nick Mihalyi

  2. NYT v Sullivan • January 6, 1964 • Full page ad in the Times asking for money to defend MLK against perjury charges • Ad said that MLK had been arrested 7 times, which was untrue (actually 4) • L.B. Sullivan, Montgomery Safety Commissioner, considered the ad defamatory, as he was in charge of the police (libel)

  3. Sullivan, contd • Sullivan asked the Times to retract the ad • They refused, but later acquiesced upon request from Alabama governor John Patterson • Case went to Supreme Court, where they ruled 9-0 in favor of the Times • No “actual malice” was found, so, under the 1st and 14th amendments, no damages can be awarded • Term “actual malice” was adopted, was given meaning and importance

  4. Gonzales v Oregon • 1994 ballot initiative legalizes physician assisted suicide • In 2001, John Ashcroft (using Interpretive Rule) said this was not an adequate medical purpose, violated Controlled Substances Act • State of Oregon (as well as a doctor, pharmacist, and terminally ill patients) sues – right to die with dignity • They win in district court, ruling upheld in 9th Circuit Court of Appeals

  5. Gonzales • Supreme Court ruled 6-3 in favor of Oregon • Federal government had power to regulate drugs, but statute in place DID NOT allow Attorney General (Ashcroft) to overrule state law regarding use of medication • Victory for those in favor of right to die

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