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On the Media

Is New York Times v Sullivan on the Chopping Block?

On the Media

WNYC Studios

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4.68.7K Ratings

🗓️ 13 January 2022

⏱️ 13 minutes

🧾️ Download transcript

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Transcript

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0:00.0

This week in the Supreme Court there was a CFR or call for response that could

0:06.1

challenge New York Times v. Sullivan. The landmark case that holds a public

0:11.5

official suing a news outlet for defamation or libel must show that the

0:15.9

organization knew that a statement was false or recklessly published the

0:20.3

information without investigating whether it was accurate. The plaintiff in the

0:25.0

case in question is coral Ridge Ministries. They're suing the Southern

0:29.7

Poverty Law Center for labeling them an anti-LGBT hate group and Amazon

0:35.2

Inc. for denying them access to Amazon smile where organizations can collect

0:40.5

donations from sales because of that hate group designation.

0:45.0

SPLC and Amazon asked the District Court to dismiss the case on the grounds

0:50.4

that coral Ridge Ministries hadn't alleged enough facts to show that SPLC acted

0:56.1

with actual malice as required by New York Times v. Sullivan. The District Court

1:02.4

agreed and dismissed the case. The dismissal was affirmed by a unanimous

1:06.9

panel of the 11th Circuit Court of Appeals and we'll get to that in a moment.

1:11.3

But why is this coming up now? Well, having failed to prove its case in the

1:16.9

lower courts, the ministry is now asking the Supreme Court to step in and

1:21.7

change the rules. Specifically, they're asking the court to overrule nearly

1:26.8

60 years worth of precedent built on New York Times v. Sullivan and to do

1:32.1

away with the actual malice standard entirely. Of course, people in

1:37.4

organizations filed petitions asking the high court to review lower court

1:41.3

decisions every day and very few of them are granted. But what makes this case

1:46.1

worth paying attention to is that this week we got a small sign that at least

...

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