So to Speak: The Free Speech Podcast
News:Politics
The seminal 1964 Supreme Court decision in New York Times v. Sullivan limited the ability of public officials to silence their critics by successfully suing them for defamation. Sullivan made “American public officials more accountable, the American media more watchful, and the American people better informed,” said William Rehnquist, the late Chief Justice of the Supreme Court.
But Sullivan is increasingly under attack from politicians, activists, and even sitting Justices of the Supreme Court. They believe the decision went too far, enabling the news media and others to defame others with little-to-no consequence.
On today’s show, we are joined by lawyers Floyd Abrams (Cahill Gordon & Reindel), JT Morris (FIRE), and Matthew Schafer (Fordham Law) to discuss New York Times v. Sullivan and its future.
Show notes:
New York Times Co. v. Sullivan (1964)
“Two Justices Say Supreme Court Should Reconsider Landmark Libel Decision” by Adam Liptak
“How to Restore Balance to Libel Law” by Glenn Reynolds
Florida HB 991, the anti-Sullivan bill
Matthew Schafer’s tweet thread on Florida’s HB 991
“New York Times v. Sullivan and the Forgotten Session of the US Supreme Court” by Matthew Schafer
“The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy” by Matthew Schafer and Jeff Kosseff
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Ep. 216: Section 230 and online content moderation
Ep. 215: ‘Private Censorship’ with J.P. Messina
Ep. 214: The Antisemitism Awareness Act
Ep. 213: Campus unrest - live webinar
Ep. 212: Should the First Amendment protect hate speech?
Ep. 211: Generational differences and civil liberties with Neil Howe
Ep. 210: The First Amendment at the Supreme Court
Ep. 209: ‘Is money speech?’ with Robert Breedlove
Ep. 208: Dodging censorship in Russia
Ep. 207 Free speech news: NetChoice, Taylor Swift, October 7, and Satan
Ep. 206: CJ Hopkins compared modern Germany to Nazi Germany. Now he’s standing trial.
Ep. 205: An anarchist’s perspective with Michael Malice
Ep. 204: “Liar in a Crowded Theater” with Jeff Kosseff
Ep. 203: ‘Undefeated’ with Coach Bill Courtney
Ep. 202: The backpage.com saga
Ep. 201: Crisis on Campus - X Space recording
Ep. 200: The state of free speech
Ep. 199: Israel, Hamas, and censorship at home
Ep. 198: 2023-24 Supreme Court Preview
Ep. 197 ‘Are cakes speech?’ with Alliance Defending Freedom’s Kristen Waggoner
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