Freedom of the press is great, until you're the target
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Apr 24, 2025
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question_answer ANECDOTE
Dershowitz's Early Defense of Sullivan
Alan Dershowitz helped write the 1964 Supreme Court decision Times v. Sullivan, which protects free speech against defamation suits by public officials.
He defended it publicly even after receiving hateful attacks as a public figure himself.
insights INSIGHT
Shift Against Sullivan Protections
A growing movement seeks to overturn Times v. Sullivan, including lawyers and judges who once supported it.
Alan Dershowitz reversed his position after feeling targeted for defending Trump, illustrating a broader shift.
question_answer ANECDOTE
Rachel Ehrenfeld and the Speech Act
Rachel Ehrenfeld was sued for defamation in the UK despite living in New York due to her research on terrorism financing.
This led to the 2010 Speech Act, blocking foreign libel judgments that conflict with U.S. free speech protections.
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For decades, a Supreme Court decision called New York Times vs Sullivan was widely beloved by people across the political spectrum. Hailed as a decision that gives the first amendment teeth and sets our country apart, as a place that prizes free speech.
But recently, right under our noses, some of the same people who once sang Times v Sullivan's praises have turned against it.
The story of the growing movement that is trying to get the Supreme Court to overturn perhaps the strongest protection for speech and the press in America.
Question Everything with Brian Reed