New York Times Co. v. Sullivan transformed libel law and the relationship between the press and public officials

The Nixon administration tried and failed to stop the press from publishing the Pentagon Papers

In 1971, the Supreme Court ruled against the government's attempt to block The New York Times and The Washington Post from publishing classified documents on the Vietnam War, delivering a landmark victory for press freedom.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

Critics of New Journalism believe the form shares unreliable information

After Gay Talese’s 2016 book on Gerald Foos was found to lack factual accuracy, criticism of New Journalism returned to the limelight. Some believe the narrative focus requires abandoning the facts and leaves too much room for writers to make up material rather than present what actually happened.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

Joseph Pulitzer mainstreamed yellow journalism

One way Joseph Pulitzer revolutionized the newspaper industry was by developing an approach to reporting that relied on sensationalism and could be a little loose with the facts. Pulitzer and rival William Randolph Hearst pushed that sensationalism to the next level in their competition to attract readers.

The Pulitzer Prize has had its fair share of controversies

From fabricated articles to fiction that inspired FBI surveillance, these are five of the most controversial moments in Pulitzer Prize history. Among them is the Pulitzer board's decision not to give novelist Sinclair Lewis the 1921 award for fiction. This snub led the author of "Main Street" to become the first Pulitzer recipient to reject the prize in 1926.

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

The 'Howl' obscenity trial changed American publishing

The "Howl" obscenity trial is one of the most significant in American publishing, affirming that material with the "slightest redeeming social importance" cannot be considered "obscene." In the process, it permits artists, like Allen Ginsberg, to use the language they see fit to express themselves.

Carlin's 'Seven Words' led to a landmark Supreme Court ruling

The original recording of Carlin's bit aired on a New York radio station in 1973, leading to an FCC complaint. The case went up to the Supreme Court, which ruled that the FCC had the right to penalize broadcasters that aired obscene content during the daytime.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Joseph Pulitzer created modern journalism

Long before there was cable news, there were newspapers, and Joseph Pulitzer was their king. A Hungarian immigrant, Pulitzer began his career as a reporter himself before buying a newspaper that he could shape with his editorial vision. Pulitzer's papers were bold, provocative, and visually striking, setting a new standard for newspapers nationwide as they moved into the 20th century.

Pulitzer's newspapers were intended for the masses

His newspapers, the St. Louis Post-Dispatch and the New York World, transformed journalism by marketing to a mass audience rather than just the elite.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

The Times Square New Year's celebration originated as a party for The New York Times

The paper moved to the area, originally called Longacre Square, in 1904 and lobbied the city to rename it after the publication. The paper’s publisher, Alfred Ochs, threw a massive all-day party on New Year’s Eve to celebrate the opening of the paper’s headquarters, establishing the location as a destination for the holiday.

A 1948 Supreme Court ruling realigned the film industry

1948's landmark United States v. Paramount Pictures found that the "Big Five" studios violated antitrust laws, effectively ending the reign of the vertically integrated system and the golden age of Hollywood.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

Pulitzer left $2M to Columbia University to establish the Pulitzer Prize

The man who transformed the New York World into the largest newspaper in America in the late 1800s left his home country of Hungary in 1864 to fight in the US Civil War. When he died in 1911, Pulitzer left $2M to Columbia University to found its journalism school and establish the Pulitzer Prize.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

The 1948 Supreme Court ruling was overturned in 2020

In 2020, US District Court Judge Analisa Torres overturned the 1948 Supreme Court ruling that broke up the studio system—effectively allowing the film industry to become vertically integrated once again—with companies like Amazon and Disney taking advantage of the relaxed regulations.

Cartoonist Thomas Nast helped bring down Boss Tweed, one of America's most corrupt political bosses.

Mark Twain once challenged a rival newspaper editor to a duel

While writing for a newspaper in Virginia City, Nevada, Twain published a story about a local fundraiser, accusing the paper’s rival of rescinding their donation. The problem was that the story was untrue: It was a hoax that he had concocted while drunk. The affair led to a protracted, public back-and-forth, with Twain challenging the editor of the rival paper to a duel; likewise, two other men challenged Twain to a duel. Twain ultimately left town, but wrote about the episode later on in an essay titled “How I Escaped Being Killed in a Duel.”

Free speech has often been restricted in wartime, potentially unconstitutionally

From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

Section 230 is the law that shaped the modern internet—and free speech online

Passed as part of the Communications Decency Act, Section 230 shields online platforms from legal liability for user-generated content while allowing them to moderate it and host speech freely, making it one of the most debated laws governing free expression today.

The evolving categories of the Pulitzer mirror the state of contemporary journalism

The inaugural prizes in 1917 selected four winners: two for newspaper journalism (including a look inside the German Empire amid World War I) and two for books. However, the slate has evolved to include online-only outlets (2009), magazines (2015), and audio reporting (2020). The 2024 Pulitzers, in particular, marked a noticeable shift: More digital outlets were awarded than traditional newspapers, illustrating a sharp decline in local newspapers and a rise in digital outlets.

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

What it's like to win a Pulitzer

Four Pulitzer Prize winners share how winning the award has impacted their lives and journalism careers. The high-profile nature of the award tends to legitimize the author and grant them better access to jobs and opportunities, but it can also increase pressure on the writer to meet the same standard of their award-winning journalism.

How one trial tested the limits of satirical music

The rapper Afroman, who earned jokey hits in the '90s with songs like "Because I Got High," was taken into court by police officers by police officers in Adams County, Ohio, who alleged that he'd defamed them in his songs. The music in question was recorded after those officers raided his house and satirized the situation, often in graphic terms. The rapper beat the case, but not before his satirical songs were analyzed in court.

Gay Talese never fully accepted the title ‘New Journalism’

“I don't think it was new, and I don’t think it was journalism,” he said. He instead viewed what he and other writers were doing as defining reality using a storytelling technique. In other words, storytelling that wasn’t fiction.

A 1954 Supreme Court ruling helped quiz shows avoid regulation

When the Federal Communications Committee attempted to rein in giveaway shows, the Supreme Court ruled that quiz shows were not a form of gambling because contestants did not have to risk anything to participate. Some believe that the ruling prevented proper oversight of the industry as it became more popular.

One journalist argued New Journalism writers prioritized ego over public service

Michael J. Arlen wrote a critique of the then-fashionable and popular form for The Atlantic in 1972, warning about the risk of emphasizing a writer’s perspective over facts. While Arlen applauded the innovation of the style, he believed focusing on voice and perspective could be irresponsible.

Winning Pulitzers doesn't attract readers to newspapers.

Grand juries were once considered a formality, but that may no longer be the case

New York's former chief judge famously said a prosecutor could get a grand jury to "indict a ham sandwich," showing how rarely a grand jury refused. However, recent cases in which prosecutors failed to secure an indictment during the second Trump administration are challenging that assumption.

A Gilded Age moral crusader convinced Congress to pass a law banning 'obscene, lewd or lascivious' materials from the mail that's central to today's debate over abortion pills.

Tinker v. Des Moines affirmed that students maintain the right to free speech at school

In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.

Years before the 1969 Stonewall Uprising, patrons at another New York bar staged a protest against an antigay liquor law.

Whitman founded an antislavery newspaper in Brooklyn

In 1948, Whitman founded a “free soil” newspaper called the Brooklyn Freeman, which explicitly argued against slavery. That activism led to problems for the paper, including an attack on its headquarters after the release of its first issue.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

Watch the breaking news report of the revelation that brought down the Nixon presidency

In August 1974, following a unanimous Supreme Court ruling, the White House released the "smoking gun" tape—revealing Nixon's role in the cover-up. Watch the CBS News report from Aug. 5, 1974, detailing the fallout from the release of the tapes.

Journalists are increasingly unionizing

The LA Times was a famously anti-union paper—until its owner sought to cut costs by consolidating positions across its portfolio. This paper isn’t alone. Over the past few years, as the news business struggled, many publications kicked their unionizing efforts up a notch.

Craig Claiborne invented the modern food critic

The New York Times critic began his column "Directory to Dining" in 1962. While there had been restaurant reviews before then, Claiborne's ethical standards and appreciation for a variety of cuisines established a new kind of food critic and, in the process, a new kind of eater. (Some readers may experience a paywall.)

After gaining her freedom, Truth successfully went to court to free her son

When her son Peter was illegally sold into slavery in Alabama, Truth took the matter to court—becoming one of the first Black women to successfully sue a white man and win, and securing her son's return.

Writer Gay Talese has unorthodox practices for researching his stories

Since Talese began working at the New York Times in the 1950s, he has woven eccentric details into his stories about the people he covers. His immersive journalistic methods, such as living in a nudist colony, sparked controversy, but also helped him uncover aspects of people's lives.

The 'Facebook papers' revealed the company prioritized profit over public safety

A whistleblower came forward with internal documents showing employees warned leadership about the company's role in fueling political unrest and misinformation. Systems like XCheck shielded high-profile users like President Donald Trump from normal content rules, often to avoid PR backlash.

Read about the history of the Sherman Antitrust Act, the first law to ban monopolistic behavior

In its later years, Standard Oil formed a business trust that reflected the company's exponential growth. Politicians wanted to prevent such trusts and used the Sherman Antitrust Act to force Standard Oil to break up.

How the New Yorker went from poker game to powerhouse

After 100 years in print, the New Yorker is still going strong, publishing weekly issues featuring the best in long-form journalism, cultural criticism, and short fiction. This history of the magazine's founding and early years shows how its balance of high and lowbrow culture, along with a fortuitous game of poker, led to its longstanding success.

A 1912 congressional bill attempted to prohibit fake photos in the US

In the 1800s, photographs were held up as indisputable resources of truth. But the photography industry devised ways to alter photos, resulting in the rise of fraudulent photos—from shots with celebrities to the turn-of-the-century version of fake nudes—prompting government intervention.