News & Analysis as of August 10, 2025

Actual Malice

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

Axinn, Veltrop & Harkrider LLP on 3/7/2025

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

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First Amendment › Supreme Court of the United States › Actual Malice

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

First Amendment › Supreme Court of the United States › Actual Malice

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

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