Actual Malice Civil Rights and Freedom of the Press in New York Times v. Sullivan

Reviews

"A law professor puts forth a detailed examination of New York Times v. Sullivan, the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists, in the context of the civil rights movement."—The New York Times Book Review

"A new book, Actual Malice, by Samantha Barbas, a law professor and historian, unfurls the story of the case and reminds readers that the triumph of press freedom was an outgrowth of the civil-rights struggle. Versions of the story have been told before, perhaps most famously in Anthony Lewis’s "Make No Law" more than three decades ago. Yet Barbas deftly employs archival sources—notably from the Times, from the Martin Luther King, Jr., papers, and from the Southern Christian Leadership Conference—to shed new light. Her book illuminates the effect of libel suits on journalists’ ability to cover the movement, the legal strategies used against those suits, and the impact of the case on the civil-rights movement itself. A heroic narrative in which the litigation helped vanquish segregationists serves to underscore what Barbas calls the 'centrality of freedom of speech to democracy.'"—The New Yorker

“Barbas’s endorsement of the Sullivan decision is more nuanced than those of [Anthony] Lewis and [Aimee] Edmondson, and more reflective of the current moment. She appreciates the need for libel lawsuits at a time when ‘damaging falsehoods can spread online with a click, and reputations [can be] destroyed instantly.’ But she recognizes that the protections of Sullivan are needed as much, or more, by individuals as by media companies. The story of Sullivan, and of the precedent’s possible demise, reveals as much about our own times as it does the 1960s.”—Jeffrey Toobin The New York Review of Books