Source: Law & Liberty
by John O McGinnis
“The new originalist majority on the Supreme Court faces a problem: from their originalist viewpoint, many past opinions are ill-reasoned. Certainly, New York Times v. Sullivan is one of them. It thus may well be a candidate for overruling. Professor Holloway is to be congratulated for putting its reconsideration on the table. That said, overruling Sullivan raises many difficult questions for an originalist. Indeed, it would be a perfect issue spotter for an exam in a course on originalist theory. Holloway may well be right to favor overruling, but a few steps need to be taken before pulling the trigger.” (11/14/24)
https://lawliberty.org/forum/originalism-and-the-case-for-overturning-sullivan/