1. N EW Y ORK T IMES V S ULLIVAN G ONZALES V O REGON Nick Mihalyi

2. NYT V S ULLIVAN January 6, 1964 Full page ad in the Times asking for money to defend MLK against perjury charges Ad said that MLK had been arrested 7 times, which was untrue (actually 4) L.B. Sullivan, Montgomery Safety Commissioner, considered the ad defamatory, as he was in charge of the police (libel)

3. S ULLIVAN, CONTD Sullivan asked the Times to retract the ad They refused, but later acquiesced upon request from Alabama governor John Patterson Case went to Supreme Court, where they ruled 9- 0 in favor of the Times No “actual malice” was found, so, under the 1 st and 14 th amendments, no damages can be awarded Term “actual malice” was adopted, was given meaning and importance

4. G ONZALES V O REGON 1994 ballot initiative legalizes physician assisted suicide In 2001, John Ashcroft (using Interpretive Rule) said this was not an adequate medical purpose, violated Controlled Substances Act State of Oregon (as well as a doctor, pharmacist, and terminally ill patients) sues – right to die with dignity They win in district court, ruling upheld in 9 th Circuit Court of Appeals

5. G ONZALES Supreme Court ruled 6-3 in favor of Oregon Federal government had power to regulate drugs, but statute in place DID NOT allow Attorney General (Ashcroft) to overrule state law regarding use of medication Victory for those in favor of right to die