Jordan Rubin: Clarence Thomas’ view on 'actual malice' could put Fox News in even greater danger of defamation liability than it already is. (via Deadline: Legal Blog)
in that same case, also raising the prospect of revisiting the defamation precedent. Of course, Thomas wasn’t talking about Fox News and 2020 election lies when he wrote about lies imposing real harm, but the notion applies just as well to the allegations in Dominion’s suit.
Yet, if Thomas’ view were to become law, whatever harm or benefit that would bring, in a case like Dominion's, it could put Fox News in even greater danger of defamation liability than it already is.Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the Manhattan District Attorney’s Office and is the author of the forthcoming book “Bizarro” about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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