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Why NYT v. Sullivan mattered in 1964 and is under attack today
The 1964 decision in New York Times v. Sullivan protected the civil rights movement, established the “actual malice” standard, and is the basis for modern American libel law. But in recent years, criticism of the case has grown among conservatives, with U.S. Supreme Court Justice Clarence Thomas calling it “policy-driven decisions masquerading as constitutional law” and suggesting that the decision should be reconsidered.
In her new book Actual Malice: Freedom of the Press and Civil Rights in New York Times v. Sullivan, law professor Samantha Barbas uses archival documents to shine light on…
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