Florida Ron DeSantis is the latest figure, and among the most influential, to join a growing list of Republicans calling on the court to revisit the 1964 ruling, known as The New York Times Company v. Sullivan.
The NYTimes reports the decision set a higher bar for defamation lawsuits involving public figures, and for years it was viewed as sacrosanct. That standard has empowered journalists to investigate and criticize public figures without fear that an unintentional error will result in crippling financial penalties.
But emboldened by the Supreme Court’s recent willingness to overturn longstanding precedent, conservative lawyers, judges, legal scholars and politicians have been leading a charge to review the decision and either narrow it or overturn it entirely.
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| DeSantis |
“How did it get to be this doctrine that has had really profound effects on society?” he said at the event, which featured two libel lawyers known for suing news organizations and a conservative scholar who recently published an essay titled “Overturn New York Times v. Sullivan.”
Under Sullivan, public figures who sue for defamation must show not only that a report contained false and damaging information, but also that its publisher acted with “actual malice” by knowing that the report was false or by recklessly disregarding the truth.
The precedent applies not only to mainstream media organizations, but also individuals, companies, partisan websites and podcasters that could face far greater exposure to defamation lawsuits if the standard of proof were lowered.
Gov. DeSantis Hosts Panel Discussion on Defamation https://t.co/UzFTcLjE6a
— Ron DeSantis (@GovRonDeSantis) February 7, 2023
During the panel discussion last Tuesday, DeSantis accused the press of using Sullivan as a shield to intentionally “smear” politicians and said the precedent discouraged people from running for office. Would the current Supreme Court, he asked the panelists, be “receptive” to revisiting the case?
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