,
5 tweets,
2 min read
Read on Twitter
A major conservative legal project over the next twenty years should be overturning New York Times v. Sullivan
And eliminating the bizarre "actual malice" standard from American law
And eliminating the bizarre "actual malice" standard from American law
In Sullivan, the court simply invented a new intent standard for defamation cases involving public figures: "actual malice."
Defamation law and the First Amendment had coexisted for two centuries
There was no need for the Court to rewrite the law
Defamation law and the First Amendment had coexisted for two centuries
There was no need for the Court to rewrite the law
The media wants to eliminate your freedom to offend while maintaining their freedom to defame
It's time to go on offense
If the NYT is going to defame conservatives as a matter of course, it's time to make them pay for it
It's time to go on offense
If the NYT is going to defame conservatives as a matter of course, it's time to make them pay for it
Additionally, there should be a concerted effort to repeal anti-SLAPP laws at the state level
They place unique procedural barriers in front of defamation plaintiffs
Given that the media is now adversarial to the conservative movement, we should seek to remove such privileges
They place unique procedural barriers in front of defamation plaintiffs
Given that the media is now adversarial to the conservative movement, we should seek to remove such privileges
Re NYT v. Sullivan, Justice Thomas explained it best
This was an opinion that was pure policy, not grounded in law at all
It can and should be overturned
This was an opinion that was pure policy, not grounded in law at all
It can and should be overturned
