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Gorsuch, who wrote last summer that the standard has “evolved into an ironclad subsidy for the publication of falsehoods.”At the same time, some Republicans are using defamation allegations against journalists with an aggressiveness that media advocates say is without precedent — from the Trump campaign’s since-dismissed suit against The Times in 2020 for a critical opinion piece to former Representative Devin Nunes’s ongoing case against a reporter now working for Politico who posted to Twitter an article that Mr. Nunes said defamed his family.The heart of The Times’s defense in the Palin case is that the error in the editorial was not a case of actual malice but a mistake made under a tight and routine production deadline that was corrected after it was pointed out.The statements that Ms. Palin argues were defamatory were introduced during the editing process by James Bennet, who was then the editorial page editor for The Times. (The opinion section and the newsroom operate independently of each other.)The Times has not lost a libel case on American soil — where laws provide much more robust press protections than in other countries — in 50 years.Lawyers who support the broad free speech protections that Sullivan and other legal precedents guarantee say that the risk to a free and impartial press is not only that it could be held liable for honest mistakes.If public figures are no longer required to meet a high legal bar for proving harm from an unflattering article, press freedom advocates warn, journalists, especially those without the resources of a large news organization behind them, will self-censor.“We worry a lot about the risk that public officials and other powerful figures can use threats of defamation suits to deter news gathering and suppress important conversations on matters of public concern,” said RonNell Andersen Jones, a law professor at the University of Utah who has documented the judiciary’s increasingly dim view of the media.
As said here by Jeremy W. Peters