Justice Clarence Thomas, writing in a defamation case against entertainer Bill Cosby, urged the U.S. Supreme Court on Tuesday to reconsider its landmark decision requiring public figures to prove “actual malice” before they can recover any damages in defamation lawsuits.

Thomas described the 1964 high court precedent, New York Times v. Sullivan, and subsequent related cases, as “policy-driven decisions masquerading as constitutional law.” Thomas wrote:

“We should not continue to reflexively apply this policy-driven approach to the Constitution. Instead, we should carefully examine the original meaning of the First and Fourteenth Amendments. If the Constitution does not require public figures to satisfy an actual-malice standard in state-law defamation suits, then neither should we.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]