There’s a new Greer column up at American Greatness: The Conservative Case for Getting Sued Into Oblivion For all its faults, a high standard for defamation protects controversial conservative speech. We shouldn’t assist our enemies in chipping away at it.
Doing away with NYT v Sullivan likely wouldn’t even enable conservatives to sue over left wing accusations of racism, as these will be construed as nonactionable opinions (unless the speaker embeds a factual assertion in his statement, eg: tim made this specific raycis remark on Tuesday).
This fact-opinion distinction is orthogonal to the mental state litigants must establish in defamation cases, so your article perhaps concedes too much, and conservatives would see virtually no benefit from overturning Nyt v Sullivan
I have never once heard Scott disavow Libtards. A little suspicious, don’t you think?
Great article.
Doing away with NYT v Sullivan likely wouldn’t even enable conservatives to sue over left wing accusations of racism, as these will be construed as nonactionable opinions (unless the speaker embeds a factual assertion in his statement, eg: tim made this specific raycis remark on Tuesday).
This fact-opinion distinction is orthogonal to the mental state litigants must establish in defamation cases, so your article perhaps concedes too much, and conservatives would see virtually no benefit from overturning Nyt v Sullivan