Feb 23, 2023
The seminal 1964 Supreme Court decision in New York
Times v. Sullivan limited the ability of public officials to
silence their critics by successfully suing them for defamation.
Sullivan made “American public officials more accountable, the
American media more watchful, and the American people better
informed,”
said William Rehnquist, the late Chief Justice of the Supreme
Court.
But Sullivan is increasingly under attack from politicians,
activists, and even sitting Justices of the Supreme Court. They
believe the decision went too far, enabling the news media and
others to defame others with little-to-no consequence.
On today’s show, we are joined by lawyers Floyd Abrams (Cahill
Gordon & Reindel), JT Morris (FIRE), and Matthew Schafer (Fordham
Law) to discuss New York Times v. Sullivan and its future.
Show notes:
“Two Justices Say Supreme Court Should Reconsider Landmark Libel Decision” by Adam Liptak
“How to Restore Balance to Libel Law” by Glenn Reynolds
“New York Times v. Sullivan and the Forgotten Session of the US Supreme Court” by Matthew Schafer
“The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy” by Matthew Schafer and Jeff Kosseff
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