Wednesday, June 25, 2014
Ashley Messenger, American University, has published Reflections on New York Times Co. v. Sullivan, 50 Years Later at 12 First Amendment Law Review 423 (2014). Here is the abstract.
The Supreme Court's ruling in New York Times Co. v. Sullivan depends crucially on the concept of statements being "true" or "false" and one's knowledge thereof. This principle, however, fails to account for the wide range of statements people make or intentions people have when making a statement. This article explores the concept of journalism; the various theories justifying First Amendment protection; how those theories relate to the Court's decision in Sullivan; the strengths and weakness of various theories and the Sullivan decision in protecting journalism as an activity; and the practical impact that Sullivan has had on the practice of journalism and protection for speech. It concludes that Sullivan certainly had an impact on media organizations, but the legal principles that have flowed from the ruling are not always consistent with the needs or interests of excellent journalism. This paper was part of UNC's First Amendment Law Review's Symposium on the 50th Anniversary of New York Times Co. v. Sullivan.
Download the article from SSRN at the link.