While Chief Judge of the State of New York he served as Chairman of New York's Free Press Fair Trial Commission, a body composed of judges and news editors from throughout the State of New York. The Commission was charged with the responsibility of drawing guidelines for the news media and the courts to assure the Sixth Amendment rights of a defendant to a fair trial while not impeding the First Amendment rights of the news media to a free press.

1. SOL WACHTLER: PRESS
FREEDOM AND
RESPONSIBILITY
By Sol Wachtler

2. Introduction

Sol Wachtler served as a New York state judge
for 25 years, including 8 years as
Chief Judge of the state’s highest court, the
Court of Appeals. Judge Sol Wachtler wrote
the majority opinion in the case of Chapadeau
v. Utica Observer, among many others. He
retired from the bench in 1993 but remains
active in civic and legal affairs and teaches
press freedom as Distinguised First
Amendment Professor of Law at Touro Law
School.

3. About

While Chief Judge of the State of New York he
served as Chairman of New York's Free Press
Fair Trial Commission, a body composed of
judges and news editors from throughout the
State of New York. The Commission was
charged with the responsibility of drawing
guidelines for the news media and the courts
to assure the Sixth Amendment rights of a
defendant to a fair trial while not impeding the
First Amendment rights of the news media to a
free press.

4. Freedom of speech and freedom of
the press

Two of our most cherished rights, freedom of
speech and freedom of the press, carry with them
significant responsibility. For example, one may
not defame another. How, though, can the press
report the news in a timely fashion if it must
concern itself with the possibility that it could be
found liable for reporting an error of fact?
Surprisingly, substantive issues were still being
raised around this question as late as 1974, just
two years before our nation’s 200th birthday. At
the time, the standard was that public figures
could not sue the press for libel unless they could
prove malice or a reckless disregard for the truth.

5. Chapadeau v. Utica Observer

In the 1974 case, Chapadeau v. Utica
Observer, a schoolteacher was arrested in
possession of drugs and drug paraphernalia, a
felony. The facts were reported in the
newspaper, together with material related to
another drug arrest. The article made it appear
that the two arrests were related, and the
teacher sued for libel on the grounds that
some of what the paper reported as facts were
not substantiated.

6. Conclusion

The case was finally decided on appeal to the
Court of Appeals of New York. In a landmark
ruling that remains the standard today, the
majority opinion written by Judge Wachtler
established that in a case of interest to the public
(as any charge of criminal behavior against a
teacher would be), a defamed person may
recover damages only if it can be proven that the
press “acted in a grossly irresponsible manner
without due consideration for the standards of
information gathering and dissemination ordinarily
followed by responsible parties.” Thus, as long as
it adheres to standards of responsible journalism,
the press does not have to fear unreasonable
exposure to libel lawsuits.