The legal standard at the heart of Dominion’s defamation suit against Fox News is the “actual malice” test from a landmark Supreme Court case, New York Times Company v. Sullivan. Ironically, Justice Clarence Thomas, whose views seemingly align with Fox News, has spoken out against the 1964 precedent that currently makes it harder for plaintiffs like Dominion to sue. It’s a tough test to meet, and what makes Dominion’s case unusual is the extent of evidence it claims can help it meet that tough standard. Thomas, meanwhile, has called on his colleagues to revisit the precedent (sound familiar?). Justice Neil Gorsuch wrote his own dissent in that same case, also raising the prospect of revisiting the defamation precedent.

Source: Fox News March 11, 2023 22:31 UTC