Cold winds now blow in the US Supreme Court around the stability of a century’s worth of First Amendment doctrine; even New York Times Co v Sullivan 376 US 254 (1964), the most stable of that Court’s speech precedents, now seems in danger of being blown away in the storm, thanks to the recent decision in New York State Rifle and Pistol Association v Bruen 597 US __ (2022) (Opinion pdf | Cornell | Justia | SCOTUSblog). Continue reading
The International Forum for Responsible Media Blog
Tag: New York Times v Sullivan
To the numerous challenges facing the U.S. media in recent years, add a libel case against The New York Times – lost by Sarah Palin, but now seemingly headed to appeal and perhaps on to the highest court in the land. Continue reading
United States defamation law has made it famously difficult for claimants to win their cases. However, Supreme Court justices Neil Gorsuch and Clarence Thomas filed dissents in the case of Berisha v Lawson in July suggesting that a core precedent behind this difficulty is ripe for reconsideration. Continue reading
American free speech jurisprudence, particularly in matters of public concern, has long been the envy of journalists around the world, and for good reason. Over the past year, the actual malice standard of liability has been expanded to offer journalists an extraordinarily high degree of protection for erroneous statements that may damage somebody’s reputation. Continue reading
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