McDonald v. Smith

E176640

McDonald v. Smith is a 1985 U.S. Supreme Court case that held the First Amendment’s Petition Clause does not grant absolute immunity from libel suits for statements made in petitions to government officials.

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McDonald v. Smith canonical 1

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Statements (37)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
citation 472 U.S. 479
concurrenceBy Lewis F. Powell Jr.
Sandra Day O’Connor
surface form: Sandra Day O'Connor

William J. Brennan Jr.
constitutionalProvisionInterpreted First Amendment to the United States Constitution
Petition Clause
surface form: Petition Clause of the First Amendment
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1985-06-19
docketNumber 84-328
holding petitions to the government are subject to the same standards of liability as other First Amendment expressions
Petition Clause
surface form: the Petition Clause of the First Amendment does not provide absolute immunity from libel suits for statements made in petitions to government officials
jurisdiction United States of America
surface form: United States
legalIssue scope of First Amendment Petition Clause
whether Petition Clause provides absolute immunity from libel suits
majorityOpinionBy Warren E. Burger
majorityOpinionJoinedBy Byron R. White
Harry A. Blackmun
Lewis F. Powell Jr.
Sandra Day O’Connor
surface form: Sandra Day O'Connor

Thurgood Marshall
William H. Rehnquist
William J. Brennan Jr.
oralArgumentDate 1985-03-18
pageInUnitedStatesReports 479
petitioner David H. McDonald
reargumentDate 1985-04-22
relatedAreaOfLaw constitutional law
defamation law
freedom of speech
respondent William C. Smith NERFINISHED
result judgment of the Court of Appeals was affirmed in part and reversed in part
shortDescription U.S. Supreme Court case holding that the First Amendment Petition Clause does not confer absolute immunity from libel liability for statements in petitions to government officials
volumeOfUnitedStatesReports 472
yearDecided 1985

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Referenced by (1)

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Petition Clause citedInCase McDonald v. Smith