The case, if appealed, could raise a serious challenge to the application of the “actual malice” standard to public figures. It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Sullivan but there are legitimate long-standing questions about the extension of the actual malice standard from public officials to public figures. Putting the press on the defensiveRecently, two justices indicated that they might be open to the idea of revisiting New York Times v. Sullivan. For example, there may be a more credible basis for imposing a higher standard on public figures on subjects of great public interest. Clearly, the public figure standard is an obvious benefit to the media.

Source: Fox News February 18, 2022 13:15 UTC