ABSTRACT
In a system of government that both appreciates and fears the awesome power granted to the judiciary, judges have felt substantial pressure to avoid constant tampering with the Constitution. Courts often attempt to decide questions of law on other than purely constitutional grounds. 1 Such self-restraint or deference to other branches of government is particularly difficult for courts in cases involving individuals who are suing media organizations for libel. The issues raised in such cases invariably involve compelling First Amendment interests that the courts have a responsibility to consider. When disputes involve the information process by which we govern ourselves, judges cannot watch from the sidelines and assume the political process will provide an appropriate balancing of the various interests. 2
