I think the idea behind Sullivan is good and beneficial. But I strongly object to courts making rulings on the basis of social benefit rather than legality. Bad laws (or absence of good ones) must be allowed to have bad consequences. Otherwise, the perverse incentive is for Congress to pass bad laws or none at all for political benefit and let the courts fix any ill effects. Reverse Sullivan and make Congress enact it.
Donald Trump, in addition to the Christian Nationalists who populate his movement are together the absolute exemplar of the reasons why the First Amendment is so crucial to our Republic. Those of us who defend all segments of the First are, in fact, Trump’s ‘enemies within’.
The author writes about a symptom of larger societal problems. First, we in the US have moved from being overly litigious to being extremely litigious as a society. Second, partisans on the right and left willfully confuse being wrong with lying when criticizing the opposition, which I suppose
The author just couldn't keep himself from denigrating the Supreme Court by getting in a little cheep shot -- "high-handed" which, for me, exposed his hand as a name-caller and not a serious thinker. Why does someone whose only credential is "incoming law student" get a platform on a thoughtful blog like Persuasion?
I think the idea behind Sullivan is good and beneficial. But I strongly object to courts making rulings on the basis of social benefit rather than legality. Bad laws (or absence of good ones) must be allowed to have bad consequences. Otherwise, the perverse incentive is for Congress to pass bad laws or none at all for political benefit and let the courts fix any ill effects. Reverse Sullivan and make Congress enact it.
Donald Trump, in addition to the Christian Nationalists who populate his movement are together the absolute exemplar of the reasons why the First Amendment is so crucial to our Republic. Those of us who defend all segments of the First are, in fact, Trump’s ‘enemies within’.
More power to all of us!
The author writes about a symptom of larger societal problems. First, we in the US have moved from being overly litigious to being extremely litigious as a society. Second, partisans on the right and left willfully confuse being wrong with lying when criticizing the opposition, which I suppose
is ironic.
It is all part of the authoritarian playbook
Won't overturning Sullivan work both ways? Won't this put right wing news organizations at risk also?
The author just couldn't keep himself from denigrating the Supreme Court by getting in a little cheep shot -- "high-handed" which, for me, exposed his hand as a name-caller and not a serious thinker. Why does someone whose only credential is "incoming law student" get a platform on a thoughtful blog like Persuasion?
‘Cause he’s a good writer and sharp thinker.