Democracy Dies in Darkness

Opinion Thomas and Gorsuch blasted for not understanding history of media protection

Media critic|
March 15, 2022 at 8:00 a.m. EDT
The justices of the Supreme Court in Washington in April 2021. (Erin Schaff/The New York Times/AP)

Supreme Court Justice Neil M. Gorsuch last summer signaled his willingness to revisit the landmark media-protection precedent New York Times v. Sullivan. It’s not clear, wrote the justice, “how well Sullivan and all its various extensions serve its intended goals in today’s changed world.”

That made for two justices — including Clarence Thomas, an advocate for overturning Sullivan — gunning for a fresh look at the case. Various commentators opined on the development, and then people moved on to other topics.