LoCicero says she is a fan of Sullivan
Carol Jean LoCiceroManaging partner at Thomas & LoCicero
Carol Jean LoCicero says she is a fan of Sullivan, describes actual malice as a defense that often applies across the statements in a libel case and says the Court's Counterman decision reaffirmed the rule.
“I'm a fan of New York Times versus Sullivan”
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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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Panel recorded July 22, 2023, according to the official program, and published September 1. The opinions belong to the individual speakers.
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About this source
The program dates the Sullivan panel to July 22, 2023. The recording was uploaded September 1.
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LoCicero explains how actual malice works alongside other defenses in her media-law practice.
After the quotation
She says that, whatever was said in the Berisha and McKee dissents, the Court's June decision in Counterman in her view reaffirmed Sullivan.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
LoCicero states her support for Sullivan and says a recent decision reaffirmed it, so she defends keeping the rule this case examines.
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More from this case
Read the full caseThomas calls for reconsidering actual malice for public figures
“I and others have thus called for reconsideration of the actual-malice ... standard for public figures.”Read statement
Barbas warns that overruling Sullivan could revive political libel suits
“If New York Times Co. v. Sullivan and related cases are overruled, libel suits could again become weapons of blatant political suppression.”Read statement
Ede says Sullivan has killed the incentive for truthful reporting
“Sullivan and its progeny have killed the incentive for truthful reporting”Read statement
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The Dispute Index. "LoCicero says she is a fan of Sullivan". First published: 2026-10-20. Last updated: 2026-10-20. https://disputeindex.com/events/6202-carol-jean-locicero-says-she-is-a-fan