516
Syllabus
given the facts here, the interests served by § 2511(1)(c) justify its restrictions on speech. Pp. 527-529.
(e) The first interest identified by the Government—removing an incentive for parties to intercept private conversations—does not justify applying § 2511(1)(c) to an otherwise innocent disclosure of public information. The normal method of deterring unlawful conduct is to punish the person engaging in it. It would be remarkable to hold that speech by a law-abiding possessor of information can be suppressed in order to deter conduct by a non-law-abiding third party. In virtually all § 2511(1)(a), (c), or (d) violations, the interceptor's identity has been known. There is no evidence that Congress thought that the prohibition against disclosures would deter illegal interceptions, and no evidence to support the assumption that the prohibition reduces the number of such interceptions. Pp. 529-532.
(f) The Government's second interest—minimizing the harm to persons whose conversations have been illegally intercepted—is considerably stronger. Privacy of communication is an important interest. However, in this suit, privacy concerns give way when balanced against the interest in publishing matters of public importance. One of the costs associated with participation in public affairs is an attendant loss of privacy. The profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open supported this Court's holding in New York Times Co. v. Sullivan, 376 U. S. 254, that neither factual error nor defamatory content, nor a combination of the two, sufficed to remove the First Amendment shield from criticism of official conduct. Parallel reasoning requires the conclusion that a stranger's illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern. Pp. 532-535.
200 F. 3d 109, affirmed.
Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, in which O'Connor, J., joined, post, p. 535. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, post, p. 541.
Jeremiah A. Collins argued the cause for petitioners in No. 99-1687. With him on the briefs were Raymond P. Wendolowski and Scott C. Gartley.
Solicitor General Waxman argued the cause for the United States in No. 99-1728. With him on the briefs were
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