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Federalist Radio Hour

The Constitutional Case For Fixing Corporate Media’s Libel Loophole

Federalist Radio Hour

Radio America

News, News Commentary, Politics

4.53.3K Ratings

🗓️ 5 June 2026

⏱️ 44 minutes

🧾️ Download transcript

Summary

On this episode of The Federalist Radio Hour, author Carson Holloway, a professor of political science at the University of Nebraska Omaha, joins Federalist Elections Correspondent Matt Kittle to explain everything wrong with the Supreme Court's 1964 New York Times v. Sullivan decision and discuss how that judicial activism emboldened the partisan press to defame their political opponents.

You can buy Holloway's book No Liberty to Libel: The Constitutional Case Against New York Times v. Sullivan here.

The Federalist Foundation is a nonprofit, and we depend entirely on our listeners and readers — not corporations. If you value fearless, independent journalism, please consider a tax-deductible gift today at TheFederalist.com/donate. Your support keeps us going.

Transcript

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0:00.0

And we are back with another edition of the Federalist Radio Hour.

0:23.1

I'm Matt Kittle's senior elections correspondent at The Federalist,

0:27.2

and as always, your experience Sherpa on today's quest for knowledge.

0:32.5

You can email the show at Radio at thefederalist.com.

0:38.3

Follow us on X at FBRLST.

0:41.6

Make sure to subscribe wherever you download your podcast and, of course, to the premium version

0:46.6

of our website as well.

0:48.4

Our guest today is Carson Holloway, political science professor at the University of Nebraska,

0:53.7

Omaha, and author of the new book,

0:56.0

No Liberty to Libel the constitutional case against New York Times, The Sullivan. In it, he argues

1:07.0

that the Supreme Court erred dangerously in its 1964 interpretation of the Constitution.

1:13.8

Carson, thank you so much for joining us in this edition of the Federalist Radio Hour.

1:17.4

Thanks for having me on, Matt. It's a great pleasure.

1:19.8

Yeah, it's a great topic. It's an interesting topic, and it's something that seems akin to a number of legal minds that have followed this.

1:30.7

And let's start here.

1:32.9

I want to get your take on it.

1:34.6

I have heard before that this case in 1964, New York Times v. Sullivan is like Roe v. Wade in that it was bad law from the beginning

1:54.3

and its bad law low these many years later. What do you think of that? Well, I agree with that, to be honest with you.

2:03.0

And part of the reason I wrote the book is because it seems to me that the contemporary Supreme Court is willing to do a bit of a cleanup operation and jettisoned some of the earlier precedents that were not really based on the original understanding of the Constitution

2:18.0

or how it was historically understood. Roe being reversed in the Dobbs opinion a few years ago

2:23.7

was one of the most famous examples of that. But more generally, in a variety of opinions,

2:28.7

they have suggested a desire to be governed by or guided by the original the text, the original meaning,

...

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