1. ACTUAL MALICE

    Scalia: Libel Ruling Was Wrong

    U.S. Supreme Court Justice Antonin Scalia speaks at a Reuters Newsmaker event in New York September 17, 2012. Scalia on Monday escalated a war of words with a prominent appeals court judge, saying the judge lied in a recent criticism of Scalia's judicial philosophy. Scalia, 76, the longest-serving justice and a leading conservative on the court, said Judge Richard Posner, of the 7th U.S. Circuit Court of Appeals, lied in a review in August of a book co-authored by Scalia. Picture taken September 17, 2012. REUTERS/Brendan McDermid (UNITED STATES - Tags: POLITICS CRIME LAW) - RTR383Y3

    © Brendan McDermid / Reuters

    Justice Antonin Scalia thinks the Supreme Court’s most significant decision on freedom of the press “was wrong.” During a joint appearance with Ruth Bader Ginsburg at the National Press Club Thursday evening, Scalia said “I think the Framers would have been appalled,” at the ruling in New York Times vs. Sullivan, the landmark case which turns 50 this spring. “It was revising the Constitution.” In 1964, the Supreme Court threw out a libel suit by a Montgomery, Ala., police commissioner against The New York Times, claiming he was defamed by an ad in the paper, though it did not name him. The ruling established that in order to sue a media outlet for libel, public officials must prove that a statement presented as fact was not only false but published with “actual malice” or “reckless disregard” for the truth. 

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