The New York Times Versus Florida
This op-ed was originally published on March 9, 2023 by Newsweek. Florida legislators are now considering a bill that would call…
Trump Takes Aim at New York Times v. Sullivan
This essay was originally published by The American Spectator on January 19, 2023. He calls out the standard for permitting an often-partisan media…
Malice Toward All, Defamation for None?
This essay was originally published by December 20, 2022 by Law & Liberty. New York Times v. Sullivan has not been the pure boon…
Open Up Libel Laws
This essay was originally published by Compact Magazine on November 30, 2022. America’s most famous litigant—Donald J. Trump—is back in the news,…
In Moore v. Harper, SCOTUS Could Decide Who Gets The Final Say In A 2024 Election Dispute
This essay was coauthored with John Yoo and was originally published by The Federalist on December 7, 2022. John Yoo is the Emanuel S. Heller Professor…
Erecting a Wall of Separation Between Tech and State
This essay was originally published in Newsweek on November 9, 2022. The Intercept recently performed a public service by documenting the Biden administration’s plans…
Trump’s CNN Lawsuit Shows Freedom of Press Does Not Include Right to Libel
It’s an opportunity for the Supreme Court to right wrongs that enable our shameless Fourth Estate. This essay was originally published on October 6, 2022 by…
The Major-questions Doctrine and the Administrative State
This essay was co-authored John Yoo and originally appeared in the Fall 2022 edition of National Affairs. John Yoo is a non-resident senior…
Rethinking Libel, Defamation, and Press Accountability
Provocations #4 Click here to view a PDF version. The Provocations series is available in hard copy and e-book formats on…
Overturn New York Times v. Sullivan
The actual malice doctrine was an unjustified innovation, a departure from an older, simpler, and more wholesome constitutional tradition. This article was originally published on September 9,…