1/31/2021 Palin v. New York Times is a Textualist Land Mine for the First Amendment News at Home by Richard E. Labunski Richard Labunski is professor emeritus of journalism at the University of Kentucky and author of James Madison and the Struggle for the Bill of Rights (Oxford University Press). He has a Ph.D. in political science from the University of California-Santa Barbara and a J.D. from Seattle University School of Law.
For more than half a century, conservatives have wanted to eradicate New York Times v. Sullivan, the 1964 Supreme Court decision that is the nation’s most important First Amendment case. A trial scheduled for this June may give them that opportunity. If the Supreme Court invalidates