Actual Malice: Federal Judge Silberman Says It Should Be Easier to Sue the Media?

The 1964 Times v. Sullivan Supreme Court decision said if you're a public figure defamed by a newspaper, you have to prove "actual malice" to win a lawsuit against it. That means proving "reckless disregard for the truth." D.C. Circuit Court of Appeals Senior Judge Judge Laurence Silberman now says it should be easier to sue the media. Silberman says the Supreme Court made up the "actual malice" standard out of whole cloth, overturning centuries of common law jurisprudence.

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