OA786: Can Donald Trump Really Overturn New York Times v. Sullivan?
Added 2023-08-01 01:48:35 +0000 UTCLiz and Andrew begin by discussing the latest developments in Fulton County, Georgia. No, it's not a Trump indictment - but it is the next best thing!
After that, the duo break down Trump's latest LOLsuit loss in Trump v. CNN, and discuss how Trump may aim to leverage that loss into an argument to overturn the most important Supreme Court case in terms of press freedom: New York Times v. Sullivan.
This is a paid post on Patreon and was released early for patrons.
Notes
OA 744
https://openargs.com/oa744-georgia-fake-electors-scheme-gets-real-feat-lawfares-anna-bower/
McBurney order denying Motion to Quash, Preclude, and Recuse
https://www.fultonclerk.org/DocumentCenter/View/2057/EX-PARTE-FILING-7-31-23
Fulton County docket
http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc
Trump v. CNN complaint
https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.1.0.pdf
Order dismissing Trump v. CNN
https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.31.0_1.pdf
State v. Lampl, 770 S.E.2d 629 (Ga. 2015)
https://scholar.google.com/scholar_case?case=13555564276998303856
Roth v. United States, 354 U.S. 476, 484 (1957) https://scholar.google.com/scholar_case?case=14778925784015245625
Carson Holloway, “Overturn New York Times v. Sullivan”, The American Conservative, Sep. 9, 2022.
https://www.theamericanconservative.com/overturn-new-york-times-v-sullivan/
Comments
Yeah…I left the OA Facebook page because Thomas keeps posting his side/version/take and frankly that’s been my objection all along…I don’t appreciate that he uses social media to “make his case” when the other person (Andrew) can’t or won’t respond (wisely imho) …as if we all had the actual facts at hand, when none of us as Joe Q Public do. Time and again I saw people pile on with the hate, which Thomas (albeit subtley) stokes. It seems unfair to me. The dispute between them belongs in court not the public forum. So I’d like to see Thomas no longer associated, too. I’m sure IRL he’s probably a good guy….but he got on my last nerve there lol
C’mon
2023-08-03 20:37:15 +0000 UTCTo counter the assertion that NY Times v Sullivan established two unequal classes of citizens, around 42:30 Andrew says, "Public figures don't have fewer rights than private figures, right? What Sullivan does is, set a different standard for how you prove the same violation of the right. And that's eminently sensible because, by and large, the press isn't publishing stories about non-public figures." I don't follow this, and wish that it could be explained in some future episode. -- P.S.: This show's main Patreon page really needs to be updated; Thomas' photo and name should not be there any more IMO.
David in Brooklyn
2023-08-01 18:48:32 +0000 UTC
