About

Clarence Thomas and Neil Gorsuch Urge Supreme Court to Reconsider New York Times v. Sullivan

Published
Score
8

Why it matters

Justices Clarence Thomas and Neil Gorsuch have publicly signaled interest in reconsidering New York Times Co. v. Sullivan, the 1964 Supreme Court precedent that established the "actual malice" standard for libel cases involving public officials. Under that standard, plaintiffs must prove a defendant knew a statement was false or acted with reckless disregard for truth to prevail. The justices' renewed push to overturn the decision follows the failed defamation suit brought by former President Donald Trump's legal advisor Alan Dershowitz against CNN, which served as a vehicle to highlight perceived gaps in current libel protections.

Sullivan arose from a 1964 case in which L.B. Sullivan, a Public Safety Commissioner in Alabama, won a $500,000 judgment against the New York Times over an advertisement supporting Martin Luther King Jr. that contained minor factual errors. The Supreme Court reversed that judgment, ruling Alabama's libel law violated the First Amendment. The decision has since anchored press freedom for nearly 60 years, allowing news organizations to report on public affairs and government officials without fear of ruinous liability for unintentional inaccuracies.

Overturning Sullivan would fundamentally alter the legal landscape for media defendants. News organizations would face substantially higher litigation risk and potential damages for minor factual errors, even when reporting in good faith on matters of public concern. The shift could chill investigative journalism and weaken the press's ability to scrutinize public officials—precisely the function the First Amendment was designed to protect. Attorneys representing media clients should monitor the Court's docket for any petition seeking Sullivan reconsideration, as such a case would represent one of the most consequential press freedom decisions in decades.

Sources

mail Subscribe to Law And Technology email updates

Primary sources. No fluff. Straight to your inbox.

Also on LawSnap