Press Freedom, defamation law: will NYT v. Sullivan be "drastically rolled back" before 2033?
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2
Ṁ250
2033
46%
Yes, if a MAGA Republican is elected in 2024
37%
Yes, if a Democrat is elected in 2024

New York Times Co. v. Sullivan (1964) is a landmark Supreme Court case that established the "actual malice" standard, which requires that public officials prove a defamatory statement was made with knowledge of its falsity or reckless disregard for the truth to win a libel case. This decision strengthened First Amendment protections for freedom of the press.

Background: https://www.vox.com/scotus/365418/supreme-court-first-amendment-donald-trump-thomas-alito-gorsuch

Justice Sonia Sotomayor, one member of the Court’s pro-free speech majority, is now 70. Chief Justice John Roberts, another member of that majority, will turn 70 shortly after the next president is inaugurated. And there’s always some risk that any justice could experience a catastrophic health event that forces them off the Court.


At the Court’s right flank stand two justices, Clarence Thomas and Neil Gorsuch, who have openly called for New York Times v. Sullivan (1964), the fount of press freedom in the United States, to be overruled. Trump also called for Sullivan to be overruled in a 2022 court filing.

Meanwhile, Justice Samuel Alito, in a pair of opinions joined by Thomas and Gorsuch, spent the last two years unsuccessfully fighting in favor of laws that seem designed to challenge the modern understanding of free speech.

I do not bet in any of my markets with subjective resolution criteria, so I don't bet in this one.

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