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BURSON v. FREEMAN

No. 90-1056.

504 U.S. 191 (1992)

BURSON, ATTORNEY GENERAL AND REPORTER FOR TENNESSEE v. FREEMAN

United States Supreme Court.

Decided May 26, 1992.

Attorney(s) appearing for the Case

Charles W. Burson, Attorney General of Tennessee, petitioner, argued the cause, pro se. With him on the briefs were John Knox Walkup, Solicitor General, and Andy D. Bennett and Michael W. Catalano, Deputy Attorneys General.

John E. Herbison argued the cause for respondent. With him on the brief was Alan B. Morrison.*

Blackmun, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and White and Kennedy, JJ., joined. Kennedy, J., filed a concurring opinion, p. 211. Scalia, J., filed an opinion concurring in the judgment, p. 214. Stevens, J., filed a dissenting opinion, in which O'Connor and Souter, JJ., joined, p. 217. Thomas, J., took no part in the consideration or decision of the case.

Justice Blackmun announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice White, and Justice Kennedy join.

Twenty-six years ago, this Court, in a majority opinion written by Justice Hugo L. Black, struck down a state law that made it a crime for a newspaper editor to publish an editorial on election day urging readers to vote in a particular way. Mills v. Alabama,

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