The Supreme Court declined to revisit the landmark First Amendment ruling in New York Times v. Sullivan on Tuesday, maintaining a pivotal precedent that sets a higher bar for public figures to prove libel in civil suits. The decision, which has been a cornerstone of US media law since 1964, requires public figures to demonstrate “actual malice” — knowledge of falsity or reckless disregard for the truth — to succeed in defamation claims against media outlets.
The case in question, Don Blankenship v. NBC Universal, LLC, did not provide an appropriate vehicle for reconsidering Sullivan, according to Justice Clarence Thomas. In a concurrence, Thomas expressed his ongoing desire to reevaluate Sullivan and similar decisions that he believes unjustly restrict state defamation laws. He has previously criticized Sullivan as a policy-driven decision that overreaches constitutional boundaries.
Don Blankenship, a former coal baron, sought redress against media outlets that erroneously labeled him as a convicted felon during his 2018 US Senate campaign. Despite his federal conspiracy conviction being classified as a misdemeanor, media reports mistakenly portrayed him as a felon. Lower courts ruled against Blankenship, citing the Sullivan standard, which requires proof that the false statements were made with actual malice.
Blankenship’s attorneys argued that Sullivan and its progeny grant the press undue freedom to publish defamatory falsehoods that can sway elections and undermine democratic processes. They contended that the actual malice standard poses a significant threat to democracy by allowing misinformation to proliferate unchecked.
The Supreme Court’s decision not to reconsider Sullivan underscores its continued reliance on the principle of protecting robust free speech rights, particularly in the context of public figures and media scrutiny. As debates over the scope of First Amendment protections persist, the Sullivan ruling remains a pivotal touchstone in defining the boundaries of press freedom and public accountability.
