Sarah Palin Case May Indicate Cracks in NYT v. Sullivan Actual Malice Test

My best evidence of that modern backlash against NYT v. Sullivan is the protracted legal battle over a defamation claim brought by Sarah Palin against The New York Times.

Supreme Court Declines to Hear Case Seeking Reconsideration of Defamation Protections

The Supreme Court declined to hear a case requesting the reconsideration of the “actual malice” standard as applied to public officials in media defamation cases.

From Samantha Barbas’ ‘Actual Malice’: The Full Story of New York Times v. Sullivan

An excerpt from Samantha Barbas' recently published book "Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan."

Supreme Court Justice Clarence Thomas Calls On the Court to Reconsider Landmark Libel Case

Calling for the reconsideration of the actual malice standard is a major attack on New York Times v. Sullivan.

The End of Seditious Libel, 1964

Even after the First Amendment was ratified, the U.S. government found ways to punish dissenters who critcized the government and public officials. Eventually, the U.S. Supreme Court ruled that seditious libel, or the crime for criticizing government, was incompatible with the First Amendment.

Libel: Protecting Vital Political Speech

Until 1964 when the Supreme Court decided New York Times v. Sullivan, and extending back many centuries, public officials had the power to put down critics. They could easily win […]