MARK JUDGE: Elena Kagan Predicted Why We Would Hate the Media. “A main reason why we hate the media so much, and the reason they have earned that ire, is rooted in New York Times vs. Sullivan, the 1964 Supreme Court decision that held that media companies cannot be found guilty for anything they report unless there is evidence of ‘actual malice’ on their part. In 1993, a University of Chicago law professor named Elena Kagan wrote an academic article for the Chicago Law Review that perceptively examined the reality of the new post-Sullivan press freedom.”
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