The Supreme Court may take on a review of Times v. Sullivan in the case of Armstrong v. Thompson. Armstrong contended that as a criminal investigator for the Treasury Department he had been improperly categorized as a “public figure” making it difficult to win a defamation case against a colleague who made complaints about him that caused him to be fired. Under Times v. Sullivan, a lawsuit could only succeed if the person making the alleged defamatory statement had done so with “actual malice,” exhibiting reckless regard for the truth or falsity of the statement. (National Law Journal, August 17, 2016, by Tony Mauro)
Armstrong’s lawyer said that the intent was not to challenge the central holding of Times v. Sullivan but the definition of a low level law enforcement officer not involved in making policy as a public figure. Others are wary of a Supreme Court decision that may open a floodgate of cases that could incrementally weaken Times v. Sullivan. (Law Newz, August 17, 2016, by Chris White)