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Do you agree that those principles are just as relevant today as they were when the supreme court first decided "new york times" v. sullivan? >> "new york times" v. sullivan is the continuing binding precedent of the supreme court, and it does state the principles that the court has determined are undergirding the first amendment right to free press. >> okay. and last summer, actually, in lawson, the supreme court declined to review a case in which the 11th circuit applied "new york times" v. sullivan, justice thomas and justice gorsuch each dissented from the decision not to grant cert, argui...

"new york times" v. sullivan? >> thank you, senator. any type the court is asked to revisit a precedent, there are criteria that the court uses to decide whether or not to overrule a precedent. "new york times" versus sullivan is a precedent and stary decisis is important, the principle that the supreme court should maintain its precedence for predictability, stability in the law. if the court is asked to revisit a precedent, its criteria, what it looks at are whether the precedent is wrong and in fact agregiously wrong, the court has said, whether there's been reliance on that precedent, whet...

Everybody. that's what "new york times" v. sullivan held up. it's about time that case gets revisited. in the hands of a 16-year-old who was dealt the worst type of journalist coverage, the worst type of negativity, malice. why? because he was wearing a maga hat. this is all part of the trump derangement syndrome. >> sean: it's a trigger. >> i always try to be fair. i'm more fair -- >> sean: you love your country. >> -- and most of the cable outlets out there because i'm willing to see things from both directions. they've lost their ability to see things from both directions. >> sean: anybody ...

>> i love it. >> sean: i don't think it would end well if i ever got that job. just guessing. [ laughter ] our larry, either. you're laughing -- >> give me the job. give me the job. i'd love it. [ laughter ] >> sean: with all that said, we do have an information crisis. i pointed out all the instances they've been wrong. you know, but this $250 million lawsuit, i know lynne wood. lynne wood is going to crush them. what they did was awful to this 16-year-old kid. >> wouldn't it be amazing in the supreme court case known as the "new york times" v. sullivan based on the pentagon papers from 40 ye...

Undermined it so much, it's not working exactly the way this president was hoping. >> they literally threw it back in his face. when he tried to fight back -- when the russians were questioning the reason for the tomahawk strikes, the white house released through the press some intelligence and some arguments that even russia might have even know about this, that syria certainly did this. they said, oh, the american press is fake. we know this is a big problem in the united states and president trump is right. they used his own argument against him. it doesn't serve him. >> what's interesting,...