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.”

Original text

Read the original text (opens in a new tab)Dershowitz v. CNN: Thomas dissent joined by Gorsuch · Supreme Court of the United States
The New York Times name on the ceramic-rod facade of its Manhattan headquarters.
Credit: Everredwinter

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.

Read the full case

Case updates

Want the next important update?

Follow this case and get an email when an important development changes the record.

Important updates only. Free. Confirm your email to start. Unsubscribe anytime. How we handle your email.

Source and context

Original text

Dershowitz v. CNN: Thomas dissent joined by Gorsuch (opens in a new tab) · Supreme Court of the United States

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

Condemned

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.

Recorded on
Published here

More from this case

Read the full case

Share or embed this statement

Quote card: Clarence Thomas, Thomas calls for reconsidering actual malice for public figuresDownload image (PNG)

The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.

Cite this record

Publisher
The Dispute Index
Title
Thomas calls for reconsidering actual malice for public figures
First published
Last updated
Permalink
https://disputeindex.com/events/6072-thomas-calls-for-reconsidering-the-actual-malice-standard

Last updated marks the most recent saved version of this published statement.

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