Clarence Thomas writes SCOTUS-opinion that would wipe out freedom of the press.

[DetlefK]

https://thinkprogress.org/clarence-thomas-declares-war-on-free-press-9bb7391925e7/

Thomas’ opinion concurring in his court’s decision not to hear McKee v. Cosby is an attack on New York Times v. Sullivan, a seminal Supreme Court decision “that prohibits a public official from recovering damages for a defamatory falsehood” unless they can show that the statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” No other member of the Court joined Thomas’ opinion.

...

Thomas, however, objects to the New York Times decision because, he claims, it does not apply “the First Amendment as it was understood by the people who ratified it.”

The bulk of Thomas’ McKee opinion recites harsh libel laws that existed under the old common law of libel. To prevail in a civil suit, Thomas writes, “a defamed individual” typically only “needed only to prove ‘a false written publication that subjected him to hatred, contempt, or ridicule.’” The question of whether the person who published that statement did so recklessly was largely irrelevant.

In criminal cases, moreover, the standard was almost laughably draconian. “Truth traditionally was not a defense to libel prosecutions,” the justice writes. “The crime was intended to punish provocations to a breach of the peace, not the falsity of the statement.” Thus, a journalist (or anyone else with a platform, for that matter) could face criminal prosecutions even if their reporting is 100 percent accurate.

...

Justice Thomas, in other words, insists on rigid adherence to the original understanding of the First Amendment when the primary beneficiaries of existing doctrine are journalists. But he takes a very different view when the primary beneficiaries are wealthy donors and the sort of politicians who win elections thanks to wealthy donors. Thomas’ originalism is an originalism of convenience. And it aligns perfectly with the interests of America’s most famously illiberal politician.

This is what Clarence Thomas would like to see the US become: Where a journalist can be sued for reporting the truth because reporting the truth has disturbed the public peace.

[VOX]

1. Oh, but let's free-speech the living shit out of corporation$.

Clarence Thomas is by far the biggest SCOTUS asshole, what with his decades of silence, his lining up with RW votes EVERY TIME, and teabagger wife who runs around pulling strings for right-wing headcases.

[niyad]

2. the sexual predator and predator supporter should go back to simply warming his chair.

[atreides1]

3. Really?

"it does not apply “the First Amendment as it was understood by the people who ratified it.”


And I wonder how those people who ratified the First Amendment would feel about someone they looked upon as 3/5th of a person sitting on the Supreme Court???

[solara]

4. Sure looks like Thomas' sleeper cell awakens

Perhaps his chit is finally due, or the 'favor' is being called in. He got the SCOTUS chair in return for.. this?

so sick & tired of the rampant corruption

[shanti]

6. Right?

He woke up for this?

[lame54]

5. Sure it wasn't his wife who wrote it?

[mercuryblues]

7. hmm

If any gun control cases come up to the SC I hope they use this phrase

“the First, opps I mean Second Amendment as it was understood by the people who ratified it.” While looking directly at Thomas