Also known as: public concerns · matter of public concern · matters of public concern · public interest
Written by attorneys · grounded in primary & secondary sources — see below
A matter that affects the community at large or implicates core values such as political discourse, public safety, or the administration of justice. Speech addressing such matters receives heightened First Amendment protection against tort liability or other restrictions even when it causes distress.
Select any source to read its text and confirm it supports the definition.
Federal prosecutors uncover evidence of widespread corruption in a defense contractor. The court determines that summoning a grand jury serves the public interest and orders sixteen qualified persons to appear. The panel begins investigating the alleged scheme.
Preston Pratt represents an indigent defendant pro bono through a legal services organization. He gives the client a small sum for rent and medicine without promising further aid or seeking repayment. The arrangement complies with the public-interest exception allowing limited support.
Pulse Media seeks to enjoin a competitor's advertising campaign that allegedly harms its reputation. The court weighs the public interest alongside harm to the defendant and the probability of success. It denies the injunction because the balance does not favor relief.
Members of a church picket a military funeral with signs expressing views on government policy and homosexuality. The family sues for intentional infliction of emotional distress. The court holds the speech addresses matters of public concern and bars liability absent additional unprotected conduct.
Precision Tools and an inventor settle a dispute over patent rights. The agreement is ambiguous about future inventions. The court adopts the reading that encourages invention because it serves the public interest.
A grand jury investigating complex financial crimes nears the end of its eighteen-month term. The court finds that an extension serves the public interest and grants a six-month continuation. The panel completes its work and returns indictments.
Speech on matters of public concern occupies the highest rung of First Amendment values and receives special protection. Courts bar tort liability for intentional infliction of emotional distress arising from such speech absent additional unprotected conduct. The protection applies even when the speech is offensive and causes severe distress.
When speech involves matters of public concern the First Amendment displaces the common-law presumption of falsity and limits presumed and punitive damages. A private-figure plaintiff must prove falsity. Speech on purely private matters receives less constitutional protection and states may permit recovery without a showing of actual malice.
…the communication must show actual malice or go remediless. This privilege extends to a great variety of subjects, and includes matters of public concern, public men, and candidates for office." 78 Kan., at 723, 98 P., at 285. Such a privilege for criticism of official conduct is appropriately analogous to the protection accorded a public…
…its most profitable use. The terminal is a historic landmark and the law is a valid exercise of the police power to protect the public interest
…As the Court of Appeals observed, "[w]hen a state provides money to a private commercial enterprise, there is a legitimate public interest
…be greedily devoured by the machinery of peer review. A conclusion that Bendectin causes birth defects would be of significant public interest
…Weeks and Mapp , even assuming the Court was now prepared to take that step, could raise yet new problems. Obviously the
A court may accept a nolo contendere plea only with the defendant's request and after considering the parties' views and the public interest in the effective administration of justice. The plea allows resolution without factual admissions that could be used in later proceedings.
A grand jury may serve beyond eighteen months only if the court determines that an extension is in the public interest. The extension is limited to six months unless a statute provides otherwise. The determination ensures continued investigation serves community needs.
When choosing among reasonable meanings of an agreement a court prefers the meaning that serves the public interest. The preference applies only to agreements that affect a public interest and rests on policy considerations rather than probable party intent.