Thomas Urges Revisiting Libel Law, Questions Malice Standard (3)

The U.S. Supreme Court should revisit its foundational rulings on libel grounded in the standard of actual malice after turning away a request to hear a defamation claim against Bill Cosby, Justice Clarence Thomas said.

Thomas said in a lengthy concurrence that the justices should reconsider precedents in the touchstone New York Times Co. v. Sullivan and other decisions in light of the original understanding of the First Amendment.

“If the Constitution does not require public figures to satisfy an actual-malice standard in state-law defamation suits, then neither should we,” Thomas wrote.

Thomas often suggests that the court revisit prior ...