Baughman Law

Revisiting Times v. Sullivan in Today’s Defamation Landscape

In Revisiting Times v. Sullivan in Today’s Defamation Landscape, I examine the continuing relevance of the Supreme Court’s landmark decision amid a modern rise in defamation litigation. I place New York Times v. Sullivan in its civil rights–era context, explaining how the Court created the “actual malice” standard to protect robust criticism of public officials and prevent press self-censorship. I trace the expansion of the “public figure” doctrine to celebrities and limited-purpose public figures, broadening Sullivan’s reach. Drawing on recent cases and commentary from Supreme Court justices, I explore growing criticism that the standard is overly protective in today’s media environment, while also noting judicial efforts to narrow its application without abandoning Sullivan’s core principles.

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