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10 Jun 2026
1h 3m

America's Privileged Class – The Press, Libel, and Defamation

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The American Mind Podcast

The discussion centers on the constitutional history of libel and defamation, specifically challenging the *New York Times v. Sullivan* standard. Political science professor Carson Holloway argues that the founders viewed libel as a form of licentiousness outside the protection of the First Amendment, rooted in a tradition that prioritized the protection of individual reputation. The current "actual malice" standard, established in 1964, creates a high barrier for public figures to seek legal redress, effectively granting the press excessive immunity. The conversation addresses the broader implications of this legal shift on public discourse and the potential for judicial re-evaluation. Additionally, the hosts analyze the California election system, criticizing the prevalence of mail-in balloting and ballot harvesting as structural vulnerabilities that undermine public confidence in electoral integrity, regardless of specific outcomes in recent mayoral races.

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