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No Liberty to Libel: Rethinking Free Speech In America

No Liberty to Libel: Rethinking Free Speech In America

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In this episode of Roots, Rights & Reason, Lee Smith welcomes Carson Holloway, Washington Fellow in the Claremont Institute’s Center for the American Way of Life and author of No Liberty to Libel: The Constitutional Case Against New York Times v. Sullivan. Holloway examines one of the most consequential Supreme Court decisions in modern history, arguing that the “actual malice” standard established in New York Times v. Sullivan has strayed from the Constitution’s original meaning and made it extraordinarily difficult for public figures to defend their reputations against false and damaging claims.

Drawing on the Founders’ understanding of natural rights, Holloway explains that reputation was once regarded as a fundamental right alongside life, liberty, and property. As today’s media landscape is shaped by rapid information cycles, anonymous sourcing, and the widespread reach of digital platforms, the conversation raises urgent questions about accountability, public trust, and the future of American discourse, and whether the Supreme Court may be ready to revisit one of its most influential First Amendment precedents.

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