'Even if Sarah Palin is unlikely to find enough allies in federal courts to change any First Amendment textbooks, we must remain vigilant,' write Bruce D. Brown and Gabe Rottman
standard—known as the “actual malice” rule—is noticeable.
Ruling last year in former Virginia Lieutenant Governor Justin Fairfax’s suit against CBS, for instance, Judge Allison Jones Rushing of the U.S. Court of Appeals for the Fourth Circuit stressed that “we must tolerate and even shield some erroneous publications in the realm of public affairs because ‘the stake of the people in public business and the conduct of public officials is so great that neither the defense of truth nor the standard of ordinary care would protect against self-censorship.
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