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#nytvsullivan

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…Since launching his 1st Republican presidential campaign in 2015, #Trump has often attacked & even sued #media outlets whose coverage he dislikes, & has repeatedly criticized US #defamation laws.
A federal judge in 2023 threw out Trump's $475M defamation lawsuit against CNN, in which Trump claimed the network's description of his election #fraud as the "#BigLie" associated him w/ #Hitler. Trump's lawyers…invited the judge to reconsider the #legal standard set in #NYTvSullivan.

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#SteveWynn's petition for appeal, which was made public by the court on Feb 4, asks #SCOTUS to assess "whether this court should overturn Sullivan’s actual-malice standard," as well as a related prior court decision.

At least 4 justices must vote to grant review for the court to hear an appeal. No date has been set for the justices to review or vote on whether to take up Wynn's case.

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#SCOTUS in #NYTvSullivan & subsequent decisions set a standard that in order to win a #libel suit, a public figure must demonstrate the offending statement was made w/ "actual malice," meaning w/ knowledge it was false or with reckless disregard as to whether it was false.

That standard has since been adopted in a number of state laws across the country, including in Nevada.

Former US Acting Solicitor General* #NealKatyal hosts #AriMelber in premiere episode of his summer #Substack series #Courtside, where Katyal will discuss #SCOTUS decisions.

1st: 1964’s #NYTvSullivan, which set boundaries for #1A freedom of the press.

While Melber’s a lawyer, Katyal plans to get non-lawyers’ reactions for the rest of his series.

[*May 2010 to June 2011]

open.substack.com/pub/nealkaty