On May 15, 2023 the Foundation for Individual Rights and Expression will be hosting a CLE approved by the Pennsylvania CLE Board in our Philadelphia office building. 

Actual Malice and New York Times v. Sullivan: Past, Present, and Future

Time: 4:00-5:00 PM

Credit: 1.00 credit hour

Description:  

This presentation is an overview of the United States Supreme Court landmark decision of New York Times v. Sullivan, 376 U.S. 254 (1964). Sullivan is one of the most cherished and also most debated precedents in First Amendment history. It is said to have “constitutionalized” the field of defamation law with its introduction of the “actual malice” test as a federal rule under the First Amendment. That test requires public officials (and by operation of later rulings, also discussed during this CLE, public figures) to prove that the defamation defendant knew the falsity of his or her publication or acted with reckless disregard as to the truth. This presentation will go over the decision’s holdings and rationales. We will explore the case’s legacy in subsequent Supreme Court rulings and discuss specific applications of the actual malice test. The CLE will conclude with a discussion of recent critiques and defenses of Sullivan and its ongoing utility.

Presented by: Gabe Walters, Attorney

Location: 

510 Walnut Street, 16th Floor

Philadelphia, PA 19106