Federal judge critical of key press protection

A federal appeals judge called for the Supreme Court to overturn New York Times v. Sullivan (1964) calling the decision “policy-driven…masquerading as constitutional law.” He said it increased the power of the press to a dangerous level, “One party control of the press and media is a threat to a viable democracy.” (Politico, March 19, 2021, by Josh Gerstein)

Judge Laurence Silberman said that the New York Times and the Washington Post reflected the views of the Democratic Party, contrary to the spirit of the First Amendment “to foster a vibrant trade in ideas.”(Washington Examiner, March 20, 2021, by Haley Victory Smith)

Ruth Marcus, The Washington Post, March 21, 2021, writes that before Times v. Sullivan Southern politicians used libel lawsuits to stifle press coverage of the civil rights movement. Former President Donald Trump’s campaign tried to use libel laws to attack CNN, The New York Times and The Washington Post.

For related FAC coverage, click here, here and here.