In the conclusion of the Sullivan v. New York Times Case Brief, we pick up where the chaos left off—inside an Alabama courtroom that somehow decided the First and Fourteenth Amendments didn’t apply. From there, we follow the case through the Alabama Supreme Court and straight to the U.S. Supreme Court, where the Justices finally step in and do what the state court refused to do: follow the Constitution.

We then read and discuss the Supreme Court’s 9–0 rejection of the state court and Sullivan, and explain the new rule: public officials can’t recover for defamation, even if the speech is false, unless they prove actual malice—knowledge of falsity or reckless disregard for the truth.

Join us as we examine the Supreme Court decision that ensured the breathing room the First Amendment needs to survive, even when speech is false, uncomfortable, or unpopular.

The information provided in this podcast is for informational and entertainment purposes only. The content should not be construed as legal advice or any lawyer client relationship.The information is not a substitute for professional legal counsel. THESE ARE JUST OUR OPINIONS!!!

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In this Case Brief, we talk defamation and Sullivan v. New York Times, the Supreme Court decision that reshaped defamation law. But you can’t talk about defamation without first talking about the First Amendment. We begin by breaking down the scope of the First Amendment, including the protections—and limits—of the Free Speech Clause.

We then turn to the historical background of the case and the United States in the early 1960s. Set against the backdrop of the Civil Rights Movement, we examine how a single full-page New York Times advertisement supporting Martin Luther King Jr., and the Greensboro Four Woolworth sit-ins, triggered a coordinated effort by Alabama officials to sue Northern newspapers for defamation in an attempt to silence criticism from the North.

Finally, we dive into the Alabama jury trial that resulted in a verdict for Sullivan and an award equivalent to nearly $3 million against the New York Times and we read one of the craziest f-ing things ever said by a trial judge from the bench. Join us as we unpack the case that explains why public figures cannot sue their way out of criticism, and why the First Amendment still matters even when speech untrue.

The information provided in this podcast is for informational and entertainment purposes only. The content should not be construed as legal advice or any lawyer client relationship.The information is not a substitute for professional legal counsel. THESE ARE JUST OUR OPINIONS!!!

Reach out or follow us:

gavelandgossip@yahoo.com

Instagram: @gavel_and_gossip

TikTok: @gavel.gossip

Leslie's Instagram: @lesliecaesq

Kristan's Instagram: @krush18

CLIPS NOW ON YOUTUBE! Gavel_and_Gossip

Links, episode information, documents and pictures credits can be found at: https://sites.google.com/view/gavelandgossip/home

In the conclusion of our Donaldson v. O’Connor Case Brief, we break down the Supreme Court’s narrow but powerful ruling: the government cannot lock away a non-dangerous person simply because they are mentally ill, different, or inconvenient. We explore the Fifth Circuit’s controversial “quid pro quo” theory and the rejection of the “quid pro quo” theory, and the Court’s ultimate focus on liberty and due process over treatment.

Join us as we dive in and examine the Supreme Court’s language about freedom, stigma, and public intolerance, due process, and what the decision in Donaldson v. O’Connor did and did not change with respect to the civil commitment of non-dangerous, non-violent mentally ill individuals, and whether it is fair to hold the doctors personally liable for the understaffing and failure of the government to provide for individuals in state-run mental institutions.

This episode is about protections of the constitution, institutional power, and the uncomfortable truth that without due process protections, anyone could lose their freedom.

The information provided in this podcast is for informational and entertainment purposes only. The content should not be construed as legal advice or any lawyer client relationship.The information is not a substitute for professional legal counsel. THESE ARE JUST OUR OPINIONS!!!

Reach out or follow us:

gavelandgossip@yahoo.com

Instagram: @gavel_and_gossip

TikTok: @gavel.gossip

Leslie's Instagram: @lesliecaesq

Kristan's Instagram: @krush18

Links, episode information, documents and pictures credits can be found at: https://sites.google.com/view/gavelandgossip/home