Constitutional Law
Jan. 31, 2025
Free speech vs. Fake news: Is Sullivan still supreme?
New York Times v. Sullivan protects free speech by requiring public figures to prove "actual malice" in defamation cases--essential for democracy, though critics now challenge its relevance in the digital age.
John H. Minan
Emeritus Professor of Law, University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The constitutional guarantee of free speech and the law
of libel, which includes defamatory statements in writing or some other
permanent form of communication, often collide. The collision occurs because
defamation law gives public officials and public figures a powerful cudgel to
stifle and punish critics or commentators.
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