Wilson urges judges to reconsider calls to overrule Sullivan
Charles WilsonEleventh Circuit senior judge writing a separate concurrence
Wilson urges judges to reconsider calls to overrule Sullivan. He relies on precedent, the consequences for speech and expectations built around the rule, while calling the historical case against Sullivan ambiguous.
“judges should reconsider their calls for the Supreme Court to overrule 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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The court affirms summary judgment for CNN. Lagoa criticizes Sullivan and its extensions; Wilson argues against calls to overrule it.
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Wilson responds to suggestions that the Supreme Court should reconsider Sullivan.
After the quotation
He defends precedent through its consequences for speech and the expectations built around it.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Wilson defends retaining Sullivan through precedent, consequences for speech and reliance interests, the fixed reference point for this case.
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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
Lagoa criticizes Sullivan as a policy-driven constitutional decision
“Sullivan and its progeny are policy-driven decisions dressed up as constitutional law”Read statement
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The Dispute Index. "Wilson urges judges to reconsider calls to overrule Sullivan". First published: 2026-10-26. Last updated: 2026-10-26. https://disputeindex.com/events/6839-wilson-urges-judges-to-reconsider-calls-to-overrule