In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court’s seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the First Amendment and “true threats.” Counterman v. Colorado, No. 22-138 (U.S. June 27, 2023). Although Justices Thomas and Gorsuch had questioned Sullivan in prior dissenting opinions and urged the Court to revisit its “actual malice” standard—a standard that has provided…
By: Davis Wright Tremaine LLP