Overturning NYT v. Sullivan would be terrible

Trump opposes press freedom. He doesn’t like people challenging his lies. I hope the Supreme Court doesn’t overturn NYT v. Sullivan but I don’t have confidence in this extreme right-wing dominated bunch.

I spoke to @oliverdarcy.bsky.social about my new book and Trump’s motivation for wanting to overturn Supreme Court precedents like NYT v. Sullivan that make it harder for powerful people to successfully sue the media. http://www.status.news/p/new-york-t…

David Enrich (@davidenrich.bsky.social) 2025-03-10T01:51:44.188Z

Enrich explains that Neil Gorsuch’s recent opinion calling for reconsideration of NYT v. Sullivan is based on a law prof’s completely fact-free theory that journalists knowingly questionable information because the law disincentivizes fact-checking.

Alison Frankel (@alisonfrankel.bsky.social) 2025-03-08T18:17:15.382Z

The push to overturn NYT v. Sullivan is part of a broader conservative campaign – involving lawsuits, investigations and govt policy – to weaken/delegitimize the media.It’s a key strategy for a White House that often uses lies and distortions to advance its agenda. http://www.nytimes.com/2025/03/03/b…

David Enrich (@davidenrich.bsky.social) 2025-03-03T11:59:57.399Z

Among the many revelations here: In 2021, Neil Gorsuch wrote an influential opinion calling to reverse the famed NYT v. Sullivan. His arguments were largely drawn from an academic article.That article, I learned, was deeply flawed. SCOTUS later quietly corrected Gorsuch’s opinion.

David Enrich (@davidenrich.bsky.social) 2025-03-03T11:59:01.480Z

Overturning Sullivan has at least two votes on the Supreme Court — Thomas and Alito. Maybe more. I can’t overstate how catastrophic that would be for free expression in America in an environment where political and performative defamation litigation are common.

Giraffe Or Possibly Popehat (@kenwhite.bsky.social) 2025-02-07T16:08:02.085Z

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