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To: poconopundit
Thank you very much for launching a full-bore critique of my point. I need challenges such as yours to refine my opinion and attempts at persuasion.
9 posted on 04/24/2020 8:34:38 AM PDT by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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To: conservatism_IS_compassion; poconopundit
I said, "It is at this point that the issue of The New York Times Co. v. Sullivan comes into play."
Under the unanimous 1964 New York Times Co. v. Sullivan Ruling by the Warren Court, the press is (politically speaking) all freedom and no responsibility. Writing for the Court, Justice Brennan asserted that
". . . libel can claim no talismanic immunity from constitutional limitations. It must be measured by standards that satisfy the First Amendment”
But - surprising, but obviously true - the conceit that the First Amendment affected libel law at all was an entirely novel ruling in 1964. So you knew all along that exercising rights entailed responsibilities, and neither 1A nor 2A change the fact that that is as true with a printing press as it is with a gun.

And you know that ". . . libel . . . must be measured by standards that satisfy the First Amendment” - and the entire Sullivan decision as precedent against libel suits by (Republican, since Democrats don’t get libeled) officials - is balderdash.

The bullet points above follow from a Scalia speech I heard on youTube tho, unfortunately, I didn’t have the presence of mind to make a note of the link. But JUSTICE SCALIA: THE 45 WORDS
— AND ORIGINAL MEANING —
OF THE FIRST AMENDMENT

says in part that

in Times v. Sullivan, Scalia said the Supreme Court, under Justice Earl Warren, “… simply decided, ‘Yes, it used to be that … George Washington could sue somebody that libeled him, but we don’t think that’s a good idea anymore.’”

10 posted on 04/25/2020 12:40:16 PM PDT by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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To: conservatism_IS_compassion

On the New York Times vs. Sullivan case, I found a great story by Justice Clarence Thomas (February 2019.

SMGFan referenced an MSN/CNN link which is now a broken link.
http://freerepublic.com/focus/f-news/3729004/posts

However, I found the The New York Times story on the same subject and it’s a good read.
https://www.nytimes.com/2019/02/19/us/politics/clarence-thomas-first-amendment-libel.html

I have an interest in this whole subject area, and before reading your comments in the last month, I was entirely unaware of the change of libel laws in 1964 (by the Warren Supreme Court) and its impact on what we are seeing played out in the Fake News scandering with impunity.

I would like to help produce an interactive webpage that will help educated FReepers by framing the issues and giving links.

Love to work with you and others on developing something like this.


13 posted on 04/25/2020 5:53:29 PM PDT by poconopundit (Joe Biden has long been the Senate's court jester. He's 24/7 malarkey and more corrupt than Hunter.)
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