Will This Supreme Court Uphold New York Times vs. Sullivan?
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  Will This Supreme Court Uphold New York Times vs. Sullivan?
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Author Topic: Will This Supreme Court Uphold New York Times vs. Sullivan?  (Read 866 times)
Frodo
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« on: February 26, 2023, 12:33:56 PM »
« edited: March 02, 2023, 01:02:37 AM by Frodo »

Eventually the Florida bill advocated by Gov. Ron DeSantis rolling back the freedom of the press and challenging the 1964 New York Times vs. Sullivan decision (which helped advance the civil rights movement) will make its way to the Supreme Court. How do you all think the court, given its current makeup, will rule on that historic decision?  Will it overturn it, water it down, maybe even uphold it in its current form?  
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SnowLabrador
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« Reply #1 on: February 26, 2023, 12:56:42 PM »

Probably overturn it. If a liberal still had Ginsburg's seat, it would be watered down, but I think they'll just overturn it wholesale. The Supreme Court is the enforcer for the Republican Party, and it's time Democrats understood that.
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Donerail
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« Reply #2 on: February 26, 2023, 01:16:54 PM »

The Florida law is goofy goofy goofy and was tossed out unanimously by a conservative 11th Cir. panel (Newsom, E. Carnes, Tjoflat). SCOTUS isn't going to bite on it. The one to watch here is the Texas law, which (1) at least made half an attempt to be serious and (2) was upheld by the 5th Cir.
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Vice President Christian Man
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« Reply #3 on: February 28, 2023, 01:15:30 AM »

It’ll most likely be a 5-4 decision in favor of overturning
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politicallefty
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« Reply #4 on: March 01, 2023, 12:24:54 AM »

The Florida law is goofy goofy goofy and was tossed out unanimously by a conservative 11th Cir. panel (Newsom, E. Carnes, Tjoflat). SCOTUS isn't going to bite on it. The one to watch here is the Texas law, which (1) at least made half an attempt to be serious and (2) was upheld by the 5th Cir.

Are you getting your cases mixed up? I think you're mistaking the new proposal out of Florida attacking press freedom (which is what the OP is referencing) with the social media laws already passed in both states.

Musings from Justice Thomas aside, I don't really think the Court wants to take this up if they don't have to. Roberts tries to fashion himself as a stalwart defender and champion of free speech rights. I think you can probably count to at least three to seriously change jurisprudence in this area (Thomas and Gorsuch have both written as such and I'm they could count on Alito as well). I don't see how you get to five though.
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Donerail
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« Reply #5 on: March 01, 2023, 11:33:23 AM »

The Florida law is goofy goofy goofy and was tossed out unanimously by a conservative 11th Cir. panel (Newsom, E. Carnes, Tjoflat). SCOTUS isn't going to bite on it. The one to watch here is the Texas law, which (1) at least made half an attempt to be serious and (2) was upheld by the 5th Cir.

Are you getting your cases mixed up? I think you're mistaking the new proposal out of Florida attacking press freedom (which is what the OP is referencing) with the social media laws already passed in both states.
so when OP referred to "the Florida law" he meant "the unpassed bill"? lmao
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politicallefty
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« Reply #6 on: March 01, 2023, 12:03:47 PM »

The Florida law is goofy goofy goofy and was tossed out unanimously by a conservative 11th Cir. panel (Newsom, E. Carnes, Tjoflat). SCOTUS isn't going to bite on it. The one to watch here is the Texas law, which (1) at least made half an attempt to be serious and (2) was upheld by the 5th Cir.

Are you getting your cases mixed up? I think you're mistaking the new proposal out of Florida attacking press freedom (which is what the OP is referencing) with the social media laws already passed in both states.
so when OP referred to "the Florida law" he meant "the unpassed bill"? lmao

It's being pushed by DeSantis, so it probably will end up becoming law.
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NewYorkExpress
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« Reply #7 on: March 02, 2023, 11:52:32 AM »

Other than Alito, I don't see any of the conservative justices being willing to touch this with a ten-foot pole.
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