For decades, the press and other speakers have relied on New York Times v. Sullivan for "breathing space" as they communicate about issues of public concern. But today, several developments are calling into doubt the longevity of Sullivan’s high bar for defamation plaintiffs. Notably, Justices Thomas and Gorsuch have called for a revisiting of Sullivan. Meanwhile, the outcome of a series of lawsuits, including against Fox News, could result in judicial or legislative changes to the standard. At this pivotal moment, panelists will discuss possibilities and pitfalls and their potential impact on the press, efforts to counteract disinformation, and democracy.
Business meeting at program conclusion.