New York Times v. Sullivan has set the standard for libel for the last 70 years. Supreme Court Justice Clarence Thomas thinks it's time for that to change.
In 1964, the Supreme Court ruled public officials would have to prove a publication made a defamatory statement with "actual malice" when suing for libel. But in a concurring opinion regarding sexual assault accusations against Bill Cosby on Tuesday, Thomas suggested Times v. Sullivan and subsequent press-protecting rulings were "policy-driven decisions masquerading as constitutional law."
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