Barbas warns that overruling Sullivan could revive political libel suits
Samantha BarbasLaw professor at the University at Buffalo
Samantha Barbas defends Sullivan and warns that overruling it could allow libel suits to become tools of political suppression.
“If New York Times Co. v. Sullivan and related cases are overruled, libel suits could again become weapons of blatant political suppression.”
Analysis
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.
Source and context
Analysis
About this source
Barbas argues from the history of libel litigation that overruling Sullivan would endanger press freedom.
Archived copy (opens in a new tab)Before the quotation
Barbas notes that Justices Thomas and Gorsuch have urged the Court to reconsider Sullivan, then says that before the ruling, government officials and other public figures routinely used libel laws against their critics, particularly the press.
After the quotation
The essay then turns to a section on libel and the press.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Barbas argues against overruling Sullivan and related cases, so she defends the rule this case examines.
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The Dispute Index. "Barbas warns that overruling Sullivan could revive political libel suits". First published: 2026-10-20. Last updated: 2026-10-20. https://disputeindex.com/events/6198-samantha-barbas-defends-sullivan-and-warns-that-overruling