Have you ever wondered why reporters don’t seem to hesitate to say and repeat things about Donald Trump that simply aren’t true — as if they have no fear of defamation liability?
This sort of thing happens because the U.S. Supreme Court about 60 years ago invented a First Amendment doctrine that protects the media from defamation liability, at least in lawsuits brought by public figures.
The ‘actual malice’ standard technically allows the media to defame politicians of both parties equally. But they don’t. Not by a mile.
If you’re wondering which words in the First Amendment tell reporters they are free to defame activists, politicians, and other public figures without fear of being sued, you’re on the right track. Nothing in the text, structure, or original public understanding of the First Amendment talks about or even leads logically to an absurd rule insulating the media from defamation liability.
The fact that the Constitution doesn’t support this rule didn’t stop the Supreme Court from deciding in a 1964 case called New York Times v. Sullivan that a defamation action brought by a public figure cannot succeed unless the defendant acted with “actual malice.” […]
— Read More: www.theblaze.com
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