Clarence Thomas wants to eviscerate the First Amendment

The ad that led to a landmark libel ruling.

If U.S. Supreme Court Justice Clarence Thomas had his way, First Amendment protections for freedom of the press could be turned back not just to the pre-civil rights era but to the pre-Civil War era as well.

Let me explain. On Tuesday, Thomas wrote that the court ought to overturn its landmark 1964 New York Times v. Sullivan decision and allow the states free rein in deciding what standards should prevail in libel suits. In Sullivan, the court ruled that to prove libel public officials would have to show defamatory material about them was published with the knowledge that it was false or with reckless disregard as to whether it was true or false. That standard, known as “actual malice,” was later extended to public figures as well.

Now Thomas would reverse that. “The states are perfectly capable of striking an acceptable balance between encouraging robust public discourse and providing a meaningful remedy for reputational harm,” Thomas said. “We should reconsider our jurisprudence in this area.”

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Jill Abramson reveals few details about startup venture

b_kirtzBy Bill Kirtz

Jill Abramson, fired (her words) last summer as New York Times executive editor, will join with Steven Brill on a startup to “give great journalists money they can live on.”

In a Boston University question-and-answer session Monday evening, she provided few details but said she and Brill — who won the National Magazine Award last year for his Time magazine cover story on medical costs — will write one story a year for the site. She said they’ve been pitching potential investors on the project.

Abramson was joined on stage by New York Times media columnist David Carr, a visiting professor at BU, who served up a steady stream of questions to his former boss.

In other remarks, Abramson praised former Washington Post executive editor Ben Bradlee as “the most consequential editor of my lifetime”  and called The New York Review of Books a “perfect publication.”

Abramson, now teaching a once-a-week class at Harvard on narrative journalism, condemned “false equivalence” — reporting “on the one hand/on the other hand” as if each side is equally credible.”

After weighing and sifting all the facts, she said, journalists have the right to determine which side is right. As an example, she cited “Strange Justice,” the 1994 book she wrote with her then Wall Street Journal colleague Jane Mayer. They concluded that Supreme Court nominee (now Justice) Clarence Thomas had lied about significant incidents in his past.

“What is the press but calling power people and institutions to account?” she asked.

Bill Kirtz is an associate professor of journalism at Northeastern University.