Channels with Peter Kafka Free speech is under attack
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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.
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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.
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.
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.
