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We the People

Should the Supreme Court Reconsider NYT v. Sullivan?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 23 July 2021

⏱️ 59 minutes

🧾️ Download transcript

Summary

The landmark 1964 Supreme Court decision New York Times Company v. Sullivan shaped libel and defamation law and established constitutional principles that still govern the scope of press protections in America today. The “actual malice” standard established in the decision requires a public official suing for defamation to prove that the newspaper published a false statement “with knowledge that it was false or with reckless disregard of whether it was false or not.” This made it harder for news publications to be sued for libel; yet it also made it more difficult for those defamed to seek redress. Recently, Supreme Court Justices Gorsuch and Thomas in separate opinions have each called for Sullivan to be revisited. Host Jeffrey Rosen moderated a debate over the importance of the Sullivan case and whether or not it should be reconsidered—featuring experts RonNell Andersen Jones, professor of law at the University of Utah and an Affiliated Fellow at Yale Law School’s Information Society Project, and David A. Logan, professor of law and former dean at Roger Williams University and author of an article cited by Justice Gorsuch in his opinion questioning Sullivan. In this episode you’ll also hear audio from the Supreme Court oral argument of New York Times v. Sullivan, courtesy of Oyez. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We

0:08.4

the People, a weekly show of constitutional debate.

0:12.1

The National Constitution Center is a

0:13.5

nonpartisan nonprofit chartered by Congress to increase awareness and

0:19.0

understanding of the Constitution among the American people.

0:22.3

The 1964 Supreme Court Constitution among the American people.

0:23.0

The 1964 Supreme Court decision New York Times versus Sullivan

0:27.0

New York Times Company Petitioner versus El B Sullivan

0:31.0

shaped libel law and freedom of the press under the First Amendment.

0:35.6

Justice, may it please the court.

0:38.2

This case is here together with number 40 on writ of certiorari granted a year ago to the Supreme Court of

0:45.4

Alabama. It summons for review a judgment of that court which poses in our submission hazards to the freedom of the press of a

0:57.1

dimension not confronted since the early days of the republic.

1:00.3

Recently justices Thomas and Gorsuch have called for the decision to be reconsidered.

1:06.3

Here to explore the arguments on all sides of whether or not New York Times versus Sullivan

1:10.8

should be reconsidered are two of America's leading

1:14.0

First Amendment experts and scholars of the case.

1:17.8

Rinal Anderson Jones is an affiliated fellow at Yale Law School's Information Society Project,

1:24.0

and the Lee E. Titlebaum, Endowed Chair,

1:27.0

and Professor of Law at the University of Utah

1:29.0

S. J. Quinney College of Law.

1:31.0

She was previously a newspaper editor and reporter.

...

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