A SHOWING OF ACTUAL MALICE: THE WHITE HOUSE “TIRES” OF THE FIRST AMENDMENT

A SHOWING OF ACTUAL MALICE: THE WHITE HOUSE “TIRES” OF THE FIRST AMENDMENT

by jonathanturley

JONATHAN TURLEY / 2017-05-03 23:43

donald_trump_president-elect_portrait_croppedBelow is my column this week on the confirmation from both Trump’s Chief of Staff and the White House Spokesperson that the Administration is working on possible changes in our libel laws — changes that by definition would require altering the First Amendment. The decision in New York Times v. Sullivan is decades old and celebrated as one of the Court’s greatest decisions. It has never been challenged by a president . . . until now. The case clearly states that the libel standard is a constitutional rule and thus the Court would have to overturned the decision or the President would have to amend the First Amendment. Whatever must be shown under the “actual malice” standard of New York Times v. Sullivan, it is doesn’t to the actual malice shown by this Administration toward the free press…….

Sent from my iPad

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