Under the Sullivan standard, a public official has to prove that there was ‘actual malice’ in defamation cases. That could be challenged in the Supreme Court.
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Alex Jones lost a defamation suit by Sandy Hook parents for falsely claiming they helped fake the murders of their children. But the judgment doesn’t deal with important First Amendment questions.
It’s gospel for First Amendment advocates that lawsuits against news organizations chill freedom of the press. But in an era of rampant misinformation, such legal actions may be more accepted.
