In the case, known as Brand X, the court sided with the Federal Communications Commission’s decision not to regulate broadband cable providers, rejecting a federal appeals court ruling that would have required regulation. “Although I authored Brand X, ‘it is never too late to surrender former views to a better considered position,’ ” Thomas wrote, borrowing language from Justice Robert Jackson in 1950. Thomas wrote a dissenting opinion Monday when the court declined to take on a case asking it to overrule the Brand X decision.
Justice Clarence Thomas on Tuesday called for the Supreme Court to reconsider New York Times v. Sullivan, the landmark 1964 ruling interpreting the First Amendment to make it hard for public officials to prevail in libel suits. He said the decision was the product of unprincipled “legal alchemy” that had no basis in the Constitution as understood by the people who drafted and ratified it.