Can the Media be sued for Civil Defamation or is it "hands off"? Has the Law changed? What might happen to the immunizing doctrine of "Actual Malice" ?

Question

Given the 2023 news coverage over the Dominion Voting Systems case against Fox News, the continued viability of quasi-immunity for media outlets based on the doctrine of "actual malice" [as announced in 1964 in New York Times v. Sullivan- SCOTUS] appears headed to the cemetery. Soon the media may be treated like anybody else who lies about another.

Answer 1

03-12-2023

Re: The demise of New York Times v Sullivan and the special protections against defamation suits afforded the Media

News coverage of the liability of print and broadcast media for the civil tort of Defamation (often accompanied by demands for staggering amounts of punitive damages) has been rekindled by the ongoing case of Dominion Voting Systems against Fox News. There is considerable speculation that the special protections from defamation suits that are exclusively enjoyed by the media may soon be yanked from the law books. Several of the conservative Justices of the U.S. Supreme Court appear increasingly receptive to the idea that the case of New York Times v. Sullivan, (1964)- which provided media protections against defamation claims in the first instance- should be overruled.

The Court in Sullivan, in crafting the protective doctrine of "Actual Malice", held that the only means by which a media outlet can be tried for common law defamation is if (1) the defamation suit is based on an outright lie (damaging the reputation of public or limited public figures) or (2) the defamation suit is predicated on a highly provable claim of reckless (shameful?) disregard of the truth by reporters or broadcasters.

There are viable policy arguments on both sides of the debate.

Those in favor of "Sullivan Immunity" view the media as a quasi-fourth branch of government with the primary responsibility of rooting out government corruption.

STAY TUNED AND STAY GLUED

Sources:

(1) "https://inforrm.org/2022/10/26/united-states-winter-is-coming-the-future-of-first-amendment-analysis-and-the-prospects-for-new-york-times-v-sullivan-after-nysrpa-v-bruen/

(2) https://www.mtsu.edu/first-amendment/article/997/libel-and-slander