A major Supreme Court First Amendment decision could be at risk

Published July 13, 2021


The Washington Post published an op-ed article written by Samantha Barbas on a possible upcoming Supreme Court review of the New York Times v. Sullivan landmark free speech decision. Barbas warned of the “chilling effect on the ability to criticize government officials, as well as the freedom of the press to do investigative journalism and to hold government accountable … Given how effectively libel laws can be weaponized, any major narrowing of Sullivan or its extensions could have wide-ranging impacts. Overruling Sullivan could imperil the right of Americans to criticize government officials, as well as inhibit the ability of the press to conduct crucial functions that allow for holding elected officials accountable.”


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