Justice Thomas' Ominous Threat Against a Vital Free-Press Precedent
— February 21, 2019
By Michael Posner
Ominously, this week a current member of the Supreme Court, Clarence Thomas, made clear that he stands ready to overturn this essential legal safeguard. In a case decided on Tuesday, Thomas wrote that Sullivan “and the court’s decisions extending it were policy-driven decisions masquerading as constitutional law.”
Thomas’ declaration of war on Sullivan could not come at a worse time. Abuses of official power at the federal, state, and local level now seem to be the order of the day. These abuses are fueled, in part, by a massive infusion of money into our political system. and are amplified on social media. Buoyed by the protections afforded them under the Sullivan ruling, reporters are exposing official wrongdoing every day, digging for details, documenting official misbehavior, and providing at least a modicum of accountability for our elected leaders.
Read the full Forbes article.
Michael Posner is a Professor of Business and Society and Director of the NYU Stern Center for Business and Human Rights.