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JOURNALIST GROUPS ALARMED BY JUSTICE THOMASíS CALL TO RECONSIDER FREE PRESS RULING
The Daily Caller ^ | 2/21/2019 | Kevin Daley

Posted on 02/22/2019 12:29:33 PM PST by Beave Meister

Professional journalism groups reacted with alarm after Supreme Court Justice Clarence Thomas released an opinion Tuesday urging the high court to reconsider a landmark freedom of the press decision called New York Times v. Sullivan.

The Sullivan ruling generally shields reporters and news platforms from libel or defamation lawsuits provided they were acting in good faith. Though journalists believe that protection is essential, Justice Thomas said the high court was wrong to usurp the role of states in regulating libel.

“[Sullivan] and the Court’s decisions extending it were policy-driven decisions masquerading as constitutional law,” Thomas’s opinion reads.

“We should not continue to reflexively apply this policy-driven approach to the Constitution,” Thomas added. “Instead, we should carefully examine the original meaning of the First and Fourteenth Amendments.”

(Excerpt) Read more at dailycaller.com ...


TOPICS: Chit/Chat
KEYWORDS: 14thamendment; 1964; 1964nytimesvsullivan; 1stamendment; clarencethomas; clause; cnn; constitution; defamation; equalprotection; fakenews; freedomofthepress; freepress; journalist; libel; media; mediabias; msnbc; nyt; nytimesvsullivan; nytvsullivan; scotus; shieldlaw; smears; sullivan; thomas; yellowjournalism
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This going to get very interesting...
1 posted on 02/22/2019 12:29:33 PM PST by Beave Meister
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To: Beave Meister
JOURNALIST GROUPS ALARMED BY JUSTICE THOMAS’S CALL TO RECONSIDER FREE PRESS RULING


Chang in free press ruling will impact the fake news industry the most!
2 posted on 02/22/2019 12:32:57 PM PST by The_Media_never_lie ("The MSM is the enemy of the American people"...Democrat Pat Caddell)
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To: Beave Meister

But you can bet none of them had problems with what the deep state has been doing to Sharryl Atkinson. No,siree!


3 posted on 02/22/2019 12:32:59 PM PST by 17th Miss Regt
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To: Beave Meister

Maybe journalist should police themselves. They have become partisan shills, and 99% of them democrats that would and are doing anything they can to advance their political goals. They have no honor or scruples.


4 posted on 02/22/2019 12:33:26 PM PST by JoSixChip (He is Batman!)
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To: Beave Meister

As usual, Justice Thomas is right. Sullivan violated the Equal Protection clause. The Supreme Court arbitrarily and unilaterally created a different libel standard for public vs private citizens. It had no authority or constitutional basis for doing so.


5 posted on 02/22/2019 12:33:39 PM PST by irishjuggler
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To: irishjuggler

Justice Thomas is in my Trump box.
That is, I may not always understand
what he is doing, but I’m with him 100%.


6 posted on 02/22/2019 12:35:59 PM PST by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: Beave Meister

Oh no! How dare he bring up the actual Constitution as a guide for rulings! Next, he will say that the Constitution does not give women the right to murder their babies before and after birth. Oh, the humanity.....


7 posted on 02/22/2019 12:36:49 PM PST by txrefugee
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To: Beave Meister

I think I get it. The press somehow expects protection from lawsuits, in the same that way that judges and prosecutors have some type of protection, even when they screw up or intentionally mislead. So, they can continue to ruin lives and push fake news, without fear of any pushback. Liberals at their finest. Tilting the scales in their favor, thru the courts and government shills because they’d lose otherwise, if they were eve held accountable.


8 posted on 02/22/2019 12:38:09 PM PST by qaz123
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To: irishjuggler
As usual, Justice Thomas is right. Sullivan violated the Equal Protection clause. The Supreme Court arbitrarily and unilaterally created a different libel standard for public vs private citizens. It had no authority or constitutional basis for doing so.

Ding! Ding! Ding!

Just what, by the way, is a journalist? Just who, btw, is a member of the media?

If I wear a badge around my neck on a lanyard with the words "Daily Planet," does this somehow give me rights and protections my neighbor without the badge does not share?

No. Like the militia, every citizen is a member. Or rather, there is ZERO constitutional grounding of something we call journalism. If I write a report and read it from a soapbox on the street corner, then I am a journalist.

9 posted on 02/22/2019 12:46:00 PM PST by mbarker12474
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To: Beave Meister

They want to be able to continue to lie with impunity.


10 posted on 02/22/2019 12:49:14 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: Beave Meister
This going to get very interesting...

Unfortunately it won't. I fear that Thomas is alone on this one.


11 posted on 02/22/2019 12:59:09 PM PST by Buckeye McFrog
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To: Beave Meister

The pendulum has swung too far towards protecting the media against people actually harmed by actual malice and purposeful lies, under the dubious and damnable NY Times v Sullivan case.


12 posted on 02/22/2019 1:08:09 PM PST by shalom aleichem (Fire Rod and Mueller and any other rat or snake. Shutter the press room.)
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To: Beave Meister

I’d love a protected press if they didn’t use that power to try to run the country, overturn elections, frame innocent people, and protect guilty people.

But as far as I’m concerned, they overplayed their hand, BADLY, so I’m fine with making them live by the same rules as the rest of society.


13 posted on 02/22/2019 1:11:38 PM PST by BobL (I eat at McDonald's and shop at Walmart - I just don't tell anyone.)
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To: The_Media_never_lie

As well as talk radio and other media.


14 posted on 02/22/2019 1:34:16 PM PST by del griffith
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To: Beave Meister

The Sullivan ruling “generally” shields reporters and news platforms from libel or defamation lawsuits “provided they were acting in good faith”.

So if they were not acting in good faith than they are not protected. I would say there have been numerous examples of recent acts in which the press was not acting in good faith and were pushing a false narrative.


15 posted on 02/22/2019 1:50:55 PM PST by MichaelRDanger
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To: Beave Meister

Yes. A free press is needed. But any blatant lies told by the free press that effects both individuals and political contol should be liable for severe slander judgements in the tune of many millions of dollars and even prison time. Report news … have opinions but lie and slander and get punishment


16 posted on 02/22/2019 2:01:38 PM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you .)
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To: Beave Meister; All
Justice Thomas is correct about unique, 10th Amendment (10A)-protected state powers to reasonably limit constitutionally enumerated rights imo.

In fact, Justice Thomas’s remark reflects Thomas Jefferson’s official writing concerning this issue.

More specifically, Jefferson wrote that the states had made 10A in part to clarify that the states have reserved for themselves the powers to limit the freedoms that they amend the Constitution to expressly protect, regardless that they made 1st Amendment to prohibit Congress from having such powers.

”3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that -the powers not delegated to the US. by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people-: and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the US. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved, to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed [emphasis added]; . . . “ - Thomas Jefferson, Kentucky Resolutions, 1798.

Next, noting that the states later ratified the 14th Amendment (14A) partly to give the feds the power to limit how far the states can limit the rights that the states amend the Constitution to expressly protect, please consider the following.

The congressional record shows that Rep. John Bingham, the main author of Section 1 of 14A, had clarified that while 14A puts reasonable limits on state powers to make laws that limit constitutionally enumerated rights, 14A does not take such powers away.

Justice Reed had put it this way about 10A-protected state powers versus 14A protections. He had noted that it was the job of judges to balance 10A-protected state powers with rights that the states have amended the Constitution to expressly protect.

"Conflicts in the exercise of rights arise and the conflicting forces seek adjustments in the courts, as do these parties, claiming on the one side the freedom of religion, speech and the press, guaranteed by the Fourteenth Amendment, and on the other the right to employ the sovereign power explicitly reserved to the State by the Tenth Amendment to ensure orderly living without which constitutional guarantees of civil liberties would be a mockery." --Justice Reed, Jones v. City of Opelika, 1942.

Getting back to Justice Thomas's concern that the states, not the Supremes, should be deciding how constitutionally enumerated rights should be limited (as Jefferson had indicated), please consider the following.

Patriots are reminded that corrupt Congress gets around its 1st Amendment-prohibited powers by letting post-17th Amendment ratification senators get away with confirming state sovereignty-ignoring Supreme Court activist justices. These corrupt justices then steal state powers to legislate vote-winning, politically correct “laws” from the bench that Congress cannot make.

17 posted on 02/22/2019 2:21:09 PM PST by Amendment10
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To: JoSixChip

The problem is they do ‘police’ themselves but because they effectively are all democrats, you get total libtard groupthink.


18 posted on 02/22/2019 2:39:24 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Beave Meister

I agree with Justice Thomas.


19 posted on 02/22/2019 2:48:47 PM PST by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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To: MichaelRDanger

They don’t want to be sued for libel over errors.


20 posted on 02/22/2019 2:50:33 PM PST by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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