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Successful libel actions are good for the press. They help keep it free of censorship, by enabling the public to trust that the press has respect for the truth and does not knowingly or negligently spread lies. Allowing blatant falsehoods to circulate unchecked turns the public against the press.
Accordingly, trust in the media has been declining steadily since the Sullivan decision and is now at an all-time low. The latest Gallup survey found 60 percent of the U.S. public has little or no trust in the media, with self-identified Republicans’ trust dropping from 32 percent in 2015 to 10 percent in December 2020.
To help restore at least some of that lost credibility, the Supreme Court should heed Thomas and Silberman and revisit the arrogant, unjustified, and immensely destructive Sullivan decision.