Thomas calls for reconsidering actual malice for public figures
Clarence ThomasSupreme Court justice dissenting from denial of review
Thomas calls for reconsidering the actual-malice standard for public figures and says he would have granted review in Dershowitz v. CNN.
“I and others have thus called for reconsideration of the actual-malice ... standard for public figures.”
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Where this statement fits
Should the Supreme Court keep New York Times v. Sullivan's rule and its public-figure extensions?
New York Times v. Sullivan requires public officials suing over official conduct to prove knowledge of falsity or reckless disregard for truth. Later decisions extend that requirement to public figures. Thomas and Gorsuch urge reconsideration, particularly of those extensions. Defenders argue that weakening the rule would deter legitimate criticism without solving misinformation.
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Original text
About this source
The Court denies review. Thomas, joined by Gorsuch, calls for reconsidering the actual-malice rule for public figures.
Archived copy (opens in a new tab)Before the quotation
Thomas describes how the actual-malice requirement defeated Dershowitz's defamation suit and records his request to overrule Sullivan and related precedents.
After the quotation
The Court denies the petition. Thomas says he would have granted review to reconsider the public-figure standard.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Thomas calls for reconsidering the protection examined in this case, arguing that its public-figure standard lacks a constitutional basis. His dissent criticizes retaining that rule.
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The Dispute Index. "Thomas calls for reconsidering actual malice for public figures". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6072-thomas-calls-for-reconsidering-the-actual-malice-standard