Justice Thomas wants the Supreme Court to revisit cornerstone of free speech law

Justice Thomas wants the Supreme Court to reconsider its holding in New York Times v. Sullivan, the 1964 landmark ruling that says public officials cannot sue people for libel unless they can prove actual malice motivated the speaker to utter falsehoods about him. Since Sullivan makes it almost impossible for public officials to bring libel actions, and it is the bedrock of political criticism in this country, Thomas' proposal would represent a dramatic change in consititutional law.Justice Thomas issued his decision in McKee v. Cosby on February 19, concurring in the Supreme Court's decision not to hear a libel case brought against one of Bill Cosby's rape accusers. While Thomas agrees the Court shouldn't take this particular case, he uses this opportunity to lay out a roadmap for overturning Sullivan, which would make it easier for public officials to sue their critics if they got the facts wrong. Thomas' musings on the correctness of the Supreme…

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