Samantha Barbas, University of Iowa College of Law, has published The Enduring Significance of New York Times Co. v. Sullivan at the Blog-The Future of Press Freedom: Scholars Series, March 2024 and as U Iowa Legal Studies Research Paper No. 2025-26. Here is the abstract.
This essay explores the history of the landmark libel and First Amendment case from 1964, New York Times v. Sullivan. The story of Sullivan is a powerful illustration of the unique functions that the press fulfills in American democracy and the importance of Sullivan’s protections of those functions. Arising out of the civil rights movement, the history of Sullivan also shows how a free press can serve as a voice for underrepresented groups and shine light on matters of importance that might otherwise go unseen. History demonstrates the high stakes of losing the protections that are recognized in Sullivan. If New York Times v. Sullivan and related cases are overruled, libel suits could again become weapons of blatant political suppression, as they were in the pre-Sullivan era.
Download the essay from SSRN at the link.