The Instapundit has an interesting column in USA Today analyzing recent comments by Justice Thomas on the constitutional underpinnings of Supreme Court case law in defamation cases. Justice Thomas suggested that the rule established by the Supreme Court, that a defamation claim by a public official or public figure must include proof that the defamer acted with knowing or reckless disregard of the truth (the so-called “actual malice” standard), may not be required by the First and Fourteenth Amendments.
To lawyers like me who are interested in First Amendment law, it’s an intriguing question.
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