This would reverse NYT v Sullivan, but no one signed onto his opinion, which suggests the current rule on libel laws is safe.
This fits within our discussion of freedom of the press, libel, original intent, and concurring opinions.
- Click here for NYT v Sullivan.
- Click here for the article.
Justice Clarence Thomas filed a solo opinion Tuesday that should appeal to President Trump. He said the high court should make it easier for public figures to sue for libel.
Thomas said the court made a mistake in 1964 when it set a high barrier for public officials to sue the press for defaming them with a false story. That was later expanded to include famous individuals and people who inject themselves into big news stories.
In essence, public officials must show the publishers knew the report was false or otherwise displayed a “reckless disregard” for the truth.
Thomas argued that the framers of the Constitution did not intend such protection when they adopted the 1st Amendment, which forbids “abridging the freedom of speech or of the press.”
“We should not continue to reflexively apply this policy-driven approach to the Constitution,” he wrote in McKee vs. Cosby. At some time, “we should reconsider our jurisprudence in this area.”
