By August 13, 2020
Updated: August 13, 2020
When Supreme Court Justice Clarence Thomas concurred
in February 2019 in denying Katherine McKee’s request for a review of
her status as a “limited public figure,” he included an observation that
shook the mainstream news media. McKee, who had claimed comedian Bill Cosby sexually assaulted her
years ago, sued him for libel after Cosby’s lawyer publicly accused her
of dishonesty.
A lower federal court ruled against McKee, claiming that, as a
limited public figure, she had failed to prove, as required by the 1964
Supreme Court decision of New York Times v. Sullivan, that Cosby’s lawyer knew his accusation was false but said it anyway.
Thomas, currently the high court’s longest-serving member, declared
that federal courts “should reconsider the precedents that require
courts to ask [if a plaintiff is a public figure] in the first place.
New York Times and the Court’s decisions extending it were policy-driven
decisions masquerading as constitutional law.”...........To Read More....
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