Doris Del Tosto Brogan, ‘Lies, Damn Lies and Kamikaze Lies: Protecting Falsehoods in the Name of Truth’

ABSTRACT
Despite calls to reverse New York Times v Sullivan and abandon the reckless disregard standard for public figure defamation cases – calls offered by two Supreme Court Justices, a number of legal scholars and some members of the popular press – this article demonstrates that Sullivan’s protections have never been more relevant or more necessary, particularly in light of an epidemic of malicious, often strategic falsity, as well as overt assaults on the institutional press by powerful actors. We need Sullivan now more than ever. Further, for Sullivan to do its work effectively, it must be reinforced by two other legal protections: robust Anti-SLAPP statutes and revival of the neutral reportage privilege. Critics claim that Sullivan gutted defamation law, leaving those whose reputations are damaged by defamatory falsehoods with no remedy. This wildly overstates the case …

Del Tosto Brogan, Doris, Lies, Damn Lies and Kamikaze Lies: Protecting Falsehoods in the Name of Truth (March 31, 2022). 54 Loyola Chicago Law Journal, forthcoming.

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