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Noah Feldman In a sign of hard times for traditional free speech values, U.S. Supreme Court Justice Neil Gorsuch has added his voice to that of Justice Clarence Thomas in calling for a re-examination of the landmark 1964 precedent of New York Times v. Sullivan — the case that makes it extremely difficult for public figures to win libel suits. Thomas’ view, first expressed in 2019, was that the press protections established by Sullivan violated the original intent of the First Amendment. It was inconsistent with his own free speech jurisprudence and was therefore unlikely to garner support from other justices. Gorsuch’s opinion last week, in contrast, focused on the up-to-the-minute problem of misinformation in the age of social media. Gorsuch’s concerns aren’t trivial or ideological. He quoted a 28-year-old old essay in support of them written by his Supreme Court colleague Elena Kagan when she was a law professor. Gorsuch’s opinion raises

New yorkUnited statesNoah feldmanJames madisonMelina maraAnthony lewisElena kaganJoe bidenJustice clarence thomasSupreme courtNew york timesHarvard universityUs supreme court justice david souterWashington postUniversity of chicagoUs supreme court justice neil gorsuch