In 1964, the Supreme Court of the United States revolutionized our country’s understanding of the First Amendment. More specifically, the Court’s ruling in New York Times v. Sullivan caused a fundamental change in how we think about the relationship of the First Amendment’s protection for freedom of the press, on the one hand, and the problem of libel, on the other.
According to the traditional view swept aside by the Sullivan Court, libel—or publication of defamatory falsehood—was simply outside the scope of the freedom of the press, a licentious abuse that the Founders never intended to enjoy constitutional or legal protection. During the lengthy period that this view prevailed, those who published false and defamatory matter were open to being sued successfully for damages, whether the victim of the libel was a private or a public person.


