Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
Supreme Court Justice Clarence Thomas keeps railing against a decades-old defamation precedent — and he keeps doing so alone. The latest instance came Tuesday when the Republican-appointed justice reiterated his view that he and his colleagues should “reconsider the actual-malice standard.” The standard is from the landmark 1964 ruling in New York Times v. Sullivan, which is used today when public figures sue for defamation.
He lost the West Virginia Republican primary to state attorney general Patrick Morrisey, who lost to incumbent Democrat Joe Manchin. In his petition to the justices, Blankenship called on the court to revisit the actual malice standard, which makes plaintiffs prove the statements in question were made with knowledge of their falsity or with reckless disregard of whether they were true.
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