Revisiting Times v. Sullivan in Today’s Defamation Landscape
With the nationwide proliferation of defamation lawsuits in recent years, a question that often arises among legal scholars and First Amendment enthusiasts is whether the seminal case of New York Times v. Sullivan should remain good law. Does the “actual malice” standard articulated in Sullivan offer critical protections to ensure the robust exchange of ideas in society, or is it an “ironclad subsidy for the publication of falsehoods”? As with most controversial issues, there are two sides to...