Miami Herald V Tornillo Case Brief. After appellant newspaper had refused to print appellee's replies to editorials critical of appellee's candidacy for state office, appellee brought suit in florida circuit court seeking injunctive and declaratory relief and damages, based on. § 104.38 (1973), was unconstitutional.

It provided political candidates the right to reply to hostile coverage in a newspaper. (appellant), to print a reply to an article, published by the appellant, which was critical of appellee’s candidacy for the florida house of representatives. Florida statute 104.73 (1973) for the “right of reply” states that if there is something published regarding a.