Lagoa criticizes Sullivan as a policy-driven constitutional decision
Barbara LagoaEleventh Circuit judge writing a separate concurrence
Lagoa criticizes Sullivan as a policy choice lacking historical support, while concurring in the result under binding precedent.
“Sullivan and its progeny are policy-driven decisions dressed up as constitutional law”
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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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The court affirms summary judgment for CNN. Lagoa criticizes Sullivan and its extensions; Wilson argues against calls to overrule it.
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Lagoa agrees with the outcome in Dershowitz's case under binding precedent.
After the quotation
She separately criticizes Sullivan and its public-figure extensions.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Lagoa criticizes Sullivan and its public-figure extensions. Her agreement with the outcome under binding precedent does not make her stance on retaining the rule mixed.
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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
Oldham criticizes the constitutional basis of actual malice
“why should the First Amendment protect some Americans less than it protects others?”Read statement
Wilson urges judges to reconsider calls to overrule Sullivan
“judges should reconsider their calls for the Supreme Court to overrule Sullivan.”Read statement
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The Dispute Index. "Lagoa criticizes Sullivan as a policy-driven constitutional decision". First published: 2026-10-26. Last updated: 2026-10-26. https://disputeindex.com/events/6838-lagoa-criticizes-sullivan-as-a-policy-choice-lacking