Time, Inc. v. Hill

Time, Inc. v. Hill
Argued April 27, 1966
Decided January 9, 1967
Full case nameTime, Inc. v. James J. Hill
Citations385 U.S. 374 (more)
87 S. Ct. 534; 17 L. Ed. 2d 456; 1967 U.S. LEXIS 2991
ArgumentOral argument
ReargumentReargument
Opinion announcementOpinion announcement
Case history
PriorNew York Court of Appeals: 15 N.Y.2d 986, 207 N.E.2d 604, 260 N.Y.S. 7.
New York Supreme Court, Appellate Division: 204 N.Y.S. 286.
SubsequentNone
Holding
"Erroneous statements about a matter of public interest ... are inevitable, and, if innocent or merely negligent, must be protected if 'freedoms of expression are to have the breathing space' that they 'need to survive.'"
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityBrennan, joined by Black, Douglas, Stewart, White
ConcurrenceBlack, joined by Douglas
ConcurrenceDouglas
Concur/dissentHarlan
DissentFortas, joined by Warren, Clark
Laws applied
U.S. Const. amend. I

Time, Inc. v. Hill, 385 U.S. 374 (1967), is a United States Supreme Court case involving issues of privacy in balance with the First Amendment to the United States Constitution and principles of freedom of speech. The Court held 6–3 that the latter requires that merely negligent intrusions into the former by the media not be civilly actionable. It expanded that principle from its landmark defamation holding in New York Times v. Sullivan.

The Hill family had sued after Life implied in a blurb that the upcoming film adaptation of The Desperate Hours was based on the real-life incident where they were held hostage in their home by escaped convicts. It was accompanied by a photo of the Hills' house in a suburb of Philadelphia, from which they had moved shortly afterwards due to the lingering psychological effects of the episode. In fact, the plot of the novel and a successful play based on it were, while inspired by the Hills' experience, unrelated to it.

Former Vice President Richard M. Nixon argued the Hills' case before the Court.