https://www.gatestoneinstitute.org/17206/new-york-times-v-sullivan
The result of this decision has been open season on public figures. The media, and their lawyers, are aware of how difficult it is to prove malice. So in order to sell their product, many are prepared to print obvious falsehoods, exaggerations and outright lies about political opponents and others.
People at the top of CNN made a deliberate decision to doctor the recording so as to eliminate my carefully chosen words “unlawful” and “illegal.” Then they had their paid commentators go on prime-time TV and falsely proclaim that I had said that a president could not be removed even if he did things that were unlawful or illegal. In other words, they doctored the recording to make me say the exact opposite of what I said.
Despite having been the target of deliberate media defamation, I am not in favor of a total overruling of New York Times v. Sullivan. In order for the First Amendment to thrive, the media must have the right to make honest mistakes: that is the right to be wrong.
“All the news that’s fit to print” has become “only the news that fits our biased narrative.”
I would propose a sliding scale, whereby the more serious and hurtful the defamation, the greater the media’s obligation to engage in due diligence to determine whether or not it is truthful or false. If they fail to exercise due diligence, they can be held liable for defamation.
In a striking dissenting opinion, the highly respected Court of Appeals judge, Laurence Silberman, urged the Supreme Court to reconsider and perhaps overrule the leading case of New York Times v. Sullivan.