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Channels with Peter Kafka

Free speech is under attack

Feb 26, 2025
David Enrich, business investigations editor at the New York Times and author of "Murder the Truth," dives deep into the ongoing threats to press freedom. He highlights the landmark Supreme Court case, New York Times v. Sullivan, and its critical role in protecting journalists from defamation suits. Enrich discusses the rising legal challenges faced by media, fueled by powerful figures and a politically charged environment. He emphasizes the emotional toll and financial risks for journalists fighting for truth in a changing legal landscape.
53:21

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Podcast summary created with Snipd AI

Quick takeaways

  • The New York Times v. Sullivan case is essential for protecting journalists from defamation lawsuits and fostering accountability in media.
  • Recent threats to press freedom stem from powerful individuals using litigation to intimidate journalists and suppress critical reporting.

Deep dives

The Role of New York Times v. Sullivan

The landmark Supreme Court case New York Times v. Sullivan established significant protections for free speech and press freedom in the United States. It determined that public officials must prove actual malice in defamation cases, meaning they need to demonstrate that false statements were made knowingly or with reckless disregard for the truth. This ruling was vital in allowing mainstream media to hold powerful figures accountable without the fear of costly litigation. Importantly, the decision has been pivotal in shaping modern interpretations of the First Amendment, not only for media entities but for any individuals wishing to speak out against authority.

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