Former coal CEO Don Blankenship asks Supreme Court to revisit libel standards for media
ruled in 1964 that public figures had to prove that false statements about them were made with intent.
Under that precedent, public officials and figures have a higher burden to prove defamation, including showing that the defamer was fueled by “actual malice,” forcing public figures to prove a statement was made with the knowledge it wasn’t true or with a total disregard to its accuracy.Justice Thomas appears to favor a common law approach to claims that wouldn’t hold public figures to a higher standard of proof.
Mr. Levey said, though, there could be more justices on board in the future to revisit defamation law. “It doesn’t look like there’s even four votes to take such a case. But that may change soon, given the growing public focus on misinformation in the media and the increasing number of defamation suits brought against media companies, some of which have successfully resulted in settlements recently,” he said.might be willing, in the near future, to clarify that the Sullivan standard is not what Justice Gorsuch called ‘effective immunity from liability.
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