[1] In 1981, David Smith brought a libel suit against Robert McDonald claiming that Mcdonald had included knowing and malicious lies in a letter to the President concerning Smith's possible appointment as a United States attorney.

McDonald first had the case removed to federal court on the basis of diversity of citizenship.

The issue before the Court was whether the right to petition the government granted absolute immunity from liability.

Therefore, claims made in the original letter, or in any similar petition, were and are subject to libel lawsuits to be judged on their merits.

Chief Justice Burger delivered the opinion of the Court, in which all other members joined.