Channels with Peter Kafka

Free speech is under attack

30 snips
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.
Ask episode
AI Snips
Chapters
Books
Transcript
Episode notes
ANECDOTE

NYT vs. Sullivan Origins

  • In 1960, a fundraising ad for Martin Luther King ran in the New York Times, criticizing Southern officials.
  • L.B. Sullivan, a Montgomery city commissioner, sued the Times for defamation and won $500,000.
INSIGHT

Impact of Sullivan Ruling

  • Sullivan's victory spurred similar lawsuits by Southern officials against national media, aiming to stifle reporting on civil rights.
  • The Supreme Court ruled that public officials must prove "actual malice"—knowing falsehood or reckless disregard for truth—to win defamation cases.
INSIGHT

Shifting Views on Sullivan

  • Unlike Roe v Wade, the Times v Sullivan ruling enjoyed bipartisan support for decades.
  • Donald Trump's 2016 campaign, including his pledge to "open up libel laws," marked a turning point in this consensus.
Get the Snipd Podcast app to discover more snips from this episode
Get the app