A landmark 1964 Supreme Court ruling protects the press in lawsuits by public officials angry about how they’ve been covered. It’s being targeted by President Donald Trump.
Articles on New York Times v. Sullivan
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It’s far easier to throw around accusations of damage to one’s reputation than it is to actually prove it in court. A journalism scholar explains the criteria that must be met.
Under the Sullivan standard, a public official has to prove that there was ‘actual malice’ in defamation cases. That could be challenged in the Supreme Court.
Alex Jones lost a defamation suit by Sandy Hook parents for falsely claiming they helped fake the murders of their children. But the judgment doesn’t deal with important First Amendment questions.
It’s gospel for First Amendment advocates that lawsuits against news organizations chill freedom of the press. But in an era of rampant misinformation, such legal actions may be more accepted.
Top contributors
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Associate Professor of Clinical Communication, The Ohio State University
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Professor of Law, Elon University
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Professor of Communication, Radford University
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Associate Clinical Professor of Law, Michigan State University
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Stephanie A. (Sam) Martin is a Friend of The Conversation.
Frank and Bethine Church Endowed Chair of Public Affairs, Boise State University