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Supreme Court · Decisions

Philadelphia Newspapers, Inc., et al. v. Hepps et al.

475 U.S. 767 · No. 84-1491 · 1985 term · Burger Court

Decided Apr 21, 1986 · argued Dec 3, 1985

First Amendment · Libel, defamation: defamation of public officials and public and private persons

Struck down a state law

Majority opinion: Sandra O'Connor

The voteMajorityDissent

5–45 in the majority, 4 in dissent

4 dissents (5–4)

Reversed and remanded. Philadelphia Newspapers, Inc., et al. won.

What this ruling means

Reversed and remanded: the Supreme Court overturned the decision of the Pennsylvania Supreme Court and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.

Philadelphia Newspapers, Inc., et al. was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Philadelphia Newspapers v. Hepps, 475 U.S. 767 (1986), is a United States Supreme Court case decided April 21, 1986.

Read the full article on Wikipedia

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1985 term. Filled: the 5 in the majority. Hollow: the 4 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianMarshallBrennanBlackmunStevensPowellWhiteO'ConnorBurgerRehnquist

Majority(5)

Dissent(4)

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
Philadelphia Newspapers, Inc., et al.Newspaper, newsletter, journal of opinion, news service
Respondent
Hepps et al.Injured person or legal entity, nonphysically and non-employment related
Reached the Court by
Appeal (the Court was required to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
First Amendment (speech, press, and assembly)
Kind of law
Constitutional Amendment
Decided by
Judicial review (state level)
Struck down
A state law, as unconstitutional
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Apr 21, 1986DecidedDecided · Decided 5–4: reversed and remanded. Philadelphia Newspapers, Inc., et al. won.
  2. Dec 3, 1985ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · Reached the Supreme Court on appeal, which the Court had to hear.
  4. Not datedCourt belowCourt below · Decided by the Pennsylvania Supreme Court: remand.
  5. Not datedBeganBegan · The case began in the Pennsylvania trial court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

31 other argued cases since 1946 on libel, defamation: defamation of public officials and public and private persons, newest first.

  1. Air Wisconsin Airlines Corp. v. Hoeper571 U.S. 237Jan 27, 2014 · 571 U.S. 237First Amendment6–36–3 band

  2. Ulysses Tory, et al. v. Johnnie L. Cochran, Jr.544 U.S. 734May 31, 2005 · 544 U.S. 734First Amendment7–27–2 band
  3. Jeffrey M. Masson v. New Yorker Magazine, Inc., Alfred A. Knopf, Inc. and Janet Malcolm501 U.S. 496Jun 20, 1991 · 501 U.S. 496First Amendment7–27–2 band
  4. Milkovich v. Lorain Journal Co. et al.497 U.S. 1Jun 21, 1990 · 497 U.S. 1First Amendment7–27–2 band

  5. Harte-Hanks Communications, Inc. v. Connaughton491 U.S. 657Jun 22, 1989 · 491 U.S. 657First Amendment9–0Unanimous band

  6. Hustler Magazine and Larry C. Flynt v. Jerry FalwellLandmark · Freedom of speech and of the press485 U.S. 46Feb 24, 1988 · 485 U.S. 46First Amendment8–0Unanimous band

  7. Anderson et al. v. Liberty Lobby, Inc., et al.Landmark · Other477 U.S. 242Jun 25, 1986 · 477 U.S. 242First Amendment6–36–3 band
  8. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.472 U.S. 749Jun 26, 1985 · 472 U.S. 749First Amendment5–45–4 band

  9. McDonald v. Smith472 U.S. 479Jun 19, 1985 · 472 U.S. 479First Amendment8–0Unanimous band

  10. Bose Corp. v. Consumers Union of United States, Inc.466 U.S. 485Apr 30, 1984 · 466 U.S. 485First Amendment6–36–3 band
  11. Wolston v. Reader's Digest Association, Inc., et al.443 U.S. 157Jun 26, 1979 · 443 U.S. 157First Amendment8–18–1 band
  12. Hutchinson v. Proxmire et al.443 U.S. 111Jun 26, 1979 · 443 U.S. 111First Amendment8–18–1 band

  13. Herbert v. Lando et al.441 U.S. 153Apr 18, 1979 · 441 U.S. 153First Amendment6–36–3 band
  14. Time, Inc. v. Firestone424 U.S. 448Mar 2, 1976 · 424 U.S. 448First Amendment6–27–2 band
  15. Gertz v. Robert Welch, Inc.Landmark · Freedom of speech and of the press418 U.S. 323Jun 25, 1974 · 418 U.S. 323First Amendment7–27–2 band

  16. Old Dominion Branch No. 496, National Association of Letter Carriers, AFL-CIO, et al. v. Austin et al.418 U.S. 264Jun 25, 1974 · 418 U.S. 264First Amendment6–36–3 band
  17. Rosenbloom v. Metromedia, Inc.403 U.S. 29Jun 7, 1971 · 403 U.S. 29First Amendment5–36–3 band

  18. Ocala Star-Banner Co. et al. v. Damron401 U.S. 295Feb 24, 1971 · 401 U.S. 295First Amendment7–27–2 band
  19. Time, Inc. v. Pape401 U.S. 279Feb 24, 1971 · 401 U.S. 279First Amendment8–18–1 band
  20. Monitor Patriot Co. et al. v. Roy, Executrix401 U.S. 265Feb 24, 1971 · 401 U.S. 265First Amendment7–27–2 band
  21. Greenbelt Cooperative Publishing Assn., Inc., et al. v. Bresler398 U.S. 6May 18, 1970 · 398 U.S. 6First Amendment8–0Unanimous band
  22. Watts et al. v. Seward School Board et al.391 U.S. 592Jun 3, 1968 · 391 U.S. 592First Amendment8–18–1 band
  23. Pickering v. Board of Education of Township High School District 205, Will CountyLandmark · Freedom of speech and of the press391 U.S. 563Jun 3, 1968 · 391 U.S. 563First Amendment8–18–1 band
  24. St. Amant v. Thompson390 U.S. 727Apr 29, 1968 · 390 U.S. 727First Amendment8–18–1 band
  25. Curtis Publishing Co. v. ButtsLandmark · Freedom of speech and of the press388 U.S. 130Jun 12, 1967 · 388 U.S. 130First Amendment5–45–4 band
  26. Ashton v. Kentucky384 U.S. 195May 16, 1966 · 384 U.S. 195First Amendment9–0Unanimous band
  27. Rosenblatt v. Baer383 U.S. 75Feb 21, 1966 · 383 U.S. 75First Amendment8–18–1 band
  28. Garrison v. Louisiana379 U.S. 64Nov 23, 1964 · 379 U.S. 64First Amendment9–0Unanimous band
  29. New York Times Co. v. SullivanLandmark · Freedom of speech and of the press376 U.S. 254Mar 9, 1964 · 376 U.S. 254First Amendment9–0Unanimous band

  30. Farmers Educational & Cooperative Union of America, North Dakota Division, v. Wday, Inc.360 U.S. 525Jun 29, 1959 · 360 U.S. 525First Amendment5–45–4 band
  31. Beauharnais v. Illinois343 U.S. 250Apr 28, 1952 · 343 U.S. 250First Amendment5–45–4 band

Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.