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COLLARD v. SMITH NEWSPAPERS, INC.

Civil Action No. 3:94-0771.

915 F.Supp. 805 (1996)

Gregory M. COLLARD, Plaintiff, v. SMITH NEWSPAPERS, INC., an Alabama corporation, Newspaper Management Company, Inc., an Alabama corporation, and TLS Communications, Inc., an Alabama corporation, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

February 6, 1996.

Attorney(s) appearing for the Case

Michael W. Carey, Timothy P. Armstead, Charleston, WV, for plaintiff.

Rudolph L. DiTrapano, Suzanne M. Weise, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Throughout most of this century, the dominant metaphor used to justify freedom of speech and of the press has been the "marketplace of ideas." Originally enunciated by John Milton and John Stuart Mill, the "marketplace" metaphor came to the forefront of First Amendment jurisprudence in Justice Oliver Wendell Holmes's dissenting opinion in Abrams v. United States, 250 U.S. 616

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