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NEW YORK TIMES REPORTER DAVID ENRICH --
& HIS BOOK "MURDER
THE TRUTH: Fear, the First Amendment, & a Secret Campaign to Protect the
Powerful"
MURDER THE TRUTH --
wikipedia
April 10, 2024
"How a Case Against Fox News Tore Apart a Media-Fighting Law Firm"
NYT (David Enrich)
March 3, 2025
"NYT
v. Sullivan: Will the Landmark Defamation Ruling Survive?"
NYT Magazine (Enrich)
March 10, 2025
"Sarah Palin Is Eyeing More Than Just Money in Her ‘New York Times’
Defamation Suit"
Vanity Fair (Enrich)
"The Times was
accustomed to such lawsuits—and it had an impeccable record of beating
them.
In fact, it hadn’t been on the losing end of a libel lawsuit in
the United States since the early 1960s."
Interview of Enrich by Amy Goodman
March 11, 2025 -- Interview of Enrich by NPR
Steve Adubato interview
-----------------------------------
May 10, 2017
"A
Rare Libel Suit Against The Times"
Public Editor Liz Spayd
-----------------------------------
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PRESS FREEDOM AND PRIVATE PEOPLE: THE LIFE AND TIMES (AND FUTURE) OF
CHAPADEAU V. UTICA OBSERVER-DISPATCH
Albany Law Review (2011)
David McCraw
MEDIA LAW RESOURCE CENTER
March 2022
"New
York Times v. Sullivan: The Case for Preserving an Essential Precedent"
pdf
Dick Tofel, Jeremy Kutner
p. 94: "There is...one segment
of the body politic that would suffer greatly if Sullivan were to be
overruled. And it is the same target that was under assault back when the
case was decided: responsible journalists. Back then, it was the New York
Times that was chief among the subjects of coordinated attempts to deter
critical reporting. Such political attacks against critical reporting were,
and remain, the motivating animus behind calls to “loosen the libel laws,”
whether such calls come from former presidents or members of the
judiciary.61 An avalanche of lawsuits isn’t coming for random posters on
Twitter or Facebook. If, as the Supreme Court has long emphasized, robust
debate and a free press are critical elements of our democracy, it makes no
sense to demolish the strongest pillar of their protection.62"
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Charles Harder
Hulk Hogan
Harder's
April 19, 2018 McKee v Crosby cert petition
Feb 19, 2019 -- Thomas concurring opinion in denial of cert
Clare Locke
UVA, Dominion, Palin
Tom Clare
Libby Locke
Jered Ede
April 2023
--
interview of Tom Clare & Libby Locke -- Above the Law
Shane Vogt
Hogan, UVA, Palin
Roy Katriel
Berisha
cert petition
Feb 2021 -- Katriel's cert petition in Berisha v. Lawson
opposition to cert
July 2, 2021 -- dissent opinions of Thomas, Gorsuch in denial of cert
PROFESSOR RODNEY SMOLLA
July 26, 2021 -- Smolla's cert petition in Tah v. Global Witness
Nov 1, 2021 denial
PROFESSOR
DAVID LOGAN
"Rescuing
Our Democracy by Rethinking New York Times Co. v. Sullivan”
81 OHIO St.
L.J. 759 (2020)
David Logan
American Law Institute --
Restatement (3rd) Torts: Defamation & Privacy
Robert Post, Lyrissa Lidsky, David Logan, George Freeman, RonNell
Anderson Jones, Clay Calvert...
July 12, 2021 INTERVIEW -- NPR "On Point"
"RADIO
INTERVIEW : The Case for Rethinking American Libel Law"
(also with RonNell Anderson Jones)
July 22, 2021 INTERVIEW --
National Constitutional Center
"PODCAST
INTERVIEW: "Should the Supreme Court Reconsider NYT v. Sullivan?"
(also with RonNell Anderson Jones)
"Libel Law in the Trenches: Reflections on Current Data on Libel
Litigation," (2001)
"All Monica, All of the Time: The 24-Hour News Cycle and the Proof of
Culpability in Libel Actions" (2000)
* * *
PROFESSOR CARSON HOLLOWAY
Claremont
Institute -- Center for the American Way of Life
September 21, 2022
"Rethinking Libel, Defamation, & Press Accountability"
Oct 24, 2022
"Listen:
“Rethinking Libel, Defamation, and Press Accountability”
American
Way of Life
Jan 20, 2023
"Trump Takes Aim at New York Times v. Sullivan"
American Way of Life
March 10, 2023
"The New York Times Versus Florida"
American Way of Life
LAW & LIBERTY FORUM
November 1, 2024
"The Case Against New York Times v. Sullivan"
* * *
Susman Godfrey
Paul A. Calli
Meier Watkins Phillips Pusch
Jason Zoladz -- Berisha lawyer
* * *
OTHER CERT PETITIONS
April 19, 2019 McKee v Crosby cert petition
Thomas concurring opinion in denial of cert
February 2021 Berisha v. Lawson cert petition
opposition to cert
July 2, 2021 dissent opinions of Thomas, Gorsuch in denial of cert
July 26, 2021 cert petition -- Tah v. Global Witness Publishing
Tah v. Global Witness Publishing, Inc., No. 19-7132 (D.C. Cir. 2021)
Jan 31, 2025
Wynn v. AP cert petition
January 31, 2025 -- Wynn v. AP cert petition
Pisanelli Bice
March 24, 2025: "Supreme
Court turns down Trump donor Steve Wynn's bid to overturn libel
precedent"
December 29, 2025 --
Dershowitz v. CNN cert
petition
American Center for Law and Justice
Feb 18, 2026
Supreme Court asked to reconsider 62-year-old ruling
1993 -- Elena Kagan
"A Libel Story: Sullivan Then and Now
(reviewing Anthony Lewis, Make No Law: The Sullivan Case and the First
Amendment"
p. 206: even if we assume
that the actual malice standard in fact encourages speech about public
officials-itself a some what uncertain proposition fn13
...The ultimate
concern of Sullivan was to strengthen that process by ensuring that the
citizenry receive important information about the conduct and policies
of government officials. Certainly, the application of the actual
malice standard in Sullivan served that function. But the malice
standard may not have the same effects when applied more generally.
Several commentators have noted that to the extent Sullivan decreases
the threat of libel litigation, it promotes not only true but also false
statements of fact-statements that may themselves distort public
debate.fn15
261: But with more than half a century of perspective, it is now clear
that the Court’s constraints on defamation law have facilitated a miasma
of misinformation that harms democracy by making it more difficult for
citizens to become informed voters.fn The time has come to ask a once
heretical question: “What if New York Times got it wrong?”
fn. 158: See Epstein, supra note
131, at 799-800; see also Barron, supra note 142, at 101-02 (the
publication of false information 'inhibits the public's ability to make
informed politcal choices'). See generally James A. Gardner, Comment,
Protecting the Rationality of Electoral
Outcomes: A Challenge to First Amendment Doctrine,
51 U. Chi L. Rev 892 (1984) (arguing that
democracy requires voters to have access to accurate information about
public affairs and candidates)."
p. 782: "...speech that has the most value—statements
about public officials involved in a matter of public concern"
p.799: "A functioning democracy must have a basic consensus on what is
real and what is fake and the way to reach such determinations."2
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