The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy

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The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy
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We don’t have to sit back and wait for the Supreme Court to destroy one of the most important protections for free speech and press.

and its progeny teach that courts should be especially wary of defamation claims arising out of “a political or social issue that arouses intense feelings.” Without these precedents, these kinds of lawsuits would be more likely to succeed, and even more powerful people would have an incentive to sue their critics.

The Freedom of Speech and Press Act that we propose would avoid such a chilling effect by setting baseline free speech protections nationwide. Although defamation is a matter of state law, federal law can set minimum standards and preempt inconsistent state laws. Perhaps the most notorious such law is Section 230 of the Communications Decency Act, whichUnlike Section 230, the Freedom of Speech and Press Act would not set an absolute prohibition on lawsuits.

It would also ensure that speakers are not liable for expressing their opinions broadly defined, as it limits defamation lawsuits to those that are based on provably false factual claims. And the proposal also recognizes the devastating impact of multi-million-dollar jury awards by imposing limits on damages depending on the kind of defamation case.

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