Free Speech, Politics

Understanding Donald Trump's Legal Options Against The New York Times

What are the Donald's options?

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Which Supreme Court justice wrote the majority opinion in the 2001 case of Bartnicki v. Vopper, saying, “We think it clear… that a stranger’s illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern”?

Hint: After the New York Times recently published three pages from Donald Trump’s tax returns, the potential liability for the paper of record has been hotly debated. But from the Pentagon Papers case through Bartnicki, lots of First Amendment scholars think the bulk of the precedent is on the side of the Times.

See the answer on the next page.

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