Thomas and Gorsuch target New York Times v. Sullivan in Dershowitz dissent
Justices Thomas and Gorsuch dissented from the Supreme Court's denial of Alan Dershowitz's defamation appeal, with Thomas reiterating his call to overturn New York Times v. Sullivan, the landmark 1964 ruling protecting press criticism of public officials, while Trump separately prepares to revive a $475 million CNN defamation suit.
On June 29, 2026, Justices Clarence Thomas and Neil Gorsuch dissented when the Supreme Court declined to hear Alan Dershowitz's defamation appeal, with Thomas repeating his long-standing demand to overrule New York Times v. Sullivan — the decision that requires public officials to prove actual malice to win libel suits. President Trump, who called the ruling a shield for 'fake news,' is separately expected to ask the justices to revive his $475 million defamation lawsuit against CNN. These moves aim to dismantle First Amendment protections that have enabled journalists to report critically on government misconduct. The practical effect would be to chill coverage of corruption, enabling officials to silence accountability reporting through costly litigation.
The humanitarian alternative
Rather than lowering libel standards, policymakers should strengthen press freedoms by enacting a federal shield law at the Congressional level that protects journalists from retaliatory discovery. This would combat actual harassment without weakening the actual-malus standard that has made possible landmark investigations from Watergate to the Pentagon Papers. States can also adopt or strengthen anti-SLAPP laws to quickly dismiss meritless defamation claims against media defendants, preserving the public's right to know without judicial favoritism.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- The Supreme Court will grant certiorari in a defamation case involving a public figure within the next term to formally reconsider the actual-malus standard.
- Trump's pending $475 million CNN suit will be rejected without comment by the Supreme Court before the 2028 election.
Grounded in
- The Enduring Significance of New York Times Co. v. Sullivan
- Supreme Court Signals That Landmark Libel Ruling Is Secure
- New York Times Co. v. Sullivan | Law | Research Starters - EBSCO
- Two Justices Call for Reconsideration of Times v. Sullivan Decision
- At the Supreme Court, another hint of trouble for NY Times v. Sullivan?
- Supreme Court to Alan Dershowitz: take a hike with your $300 ...
- Trump Will Ask Supreme Court to Revive $475 Million CNN Suit
- Trump Loses Supreme Court Appeal On E. Jean Carroll Case ...
- Trump's defamation appeal against CNN headed to Supreme Court
- The Wall Street Journal seeks second dismissal of Trump ...
Original source — excerpted
news Thomas, Gorsuch target landmark ruling Trump says protects the 'fake news'"NEW You can now listen to Fox News articles! Two of the Supreme Court's conservative justices criticized the majority’s decision not to take up attorney Alan..."