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Free Press



  • A Major Supreme Court First Amendment Decision Could Be At Risk

    by Samantha Barbas

    The "actual malice" standard of proof in libel suits established by New York Times v. Sullivan is an imperfect fit for the social media age, but right-wing calls to overturn the ruling would allow the rich and powerful to bully the press with expensive lawsuits. 


  • America's First Peaceful (Just Barely!) Transfer of Power

    by Akhil Reed Amar

    While the selection of Thomas Jefferson as the third president in 1801 (after an electoral college deadlock) is touted as a crucial peaceful transfer of presidential power from one party to another, the transition was far more fraught with peril than most realize. 


  • Palin v. New York Times is a Textualist Land Mine for the First Amendment

    by Richard E. Labunski

    In June, trial will begin in Sarah Palin's libel case against the New York Times. The case appears to be teed up on a path to the Supreme Court, where the current "actual malice" standard for proving a public figure was libeled could be overturned. If this happens, the door will be open to lawsuits aimed at crushing press criticism of the government.