COMMENTARY BY J. MICHAEL LUTTIG

A Judge’s Astonishing Attack On A First Amendment Precedent May End Up Strengthening It Instead

J. Michael Luttig: “Federal appeals court judge Laurence H. Silberman’s dangerous dissenting opinion in Tah v. Global Witness Publishing last week has already caused a firestorm — not because he urged the Supreme Court to overrule New York Times v. Sullivan and its “actual malice” defamation standard, but because of the astonishing and disturbing reasons that he proposed for dispensing with that landmark decision.”