Public media counts on your support to ensure that the reporting and programs you depend on thrive.

Make a recurring donation today to get special access to more than 20 NPR podcasts, perks like

sponsor-free listening, bonus episodes, early access, and more. So start supporting what you

love today at plus.npr.org.

This is fresh air. I'm Tanya Mosley. One day in February of 2019, during a gathering of the

Supreme Court, Justice Clarence Thomas raised the prospect of overturning one of the most

consequential free speech decisions ever made.

New York Times v. Sullivan is a landmark case from 1964 that strengthened First Amendment

protections by enabling journalists and writers from top national outlets to local newspapers

and bloggers to pursue the truth without being afraid of being sued.

Well, in a new book, author David Enrich explores how Justice Thomas's words coincide with the surge in legal threats and litigation against journalists and media outlets.

The charge is being led by the powerful, tech billionaires, corporations, and our president, who made clear

his intent back in 2016 on the campaign trail.

If I become president, oh, do they have problems?

They're going to have such problems.

And one of the things I'm going to do, and this is only going to make it tougher for me,

and I've never said this before, but one of the things I'm going to do if I win,

and I hope I do, and we're certainly leading, is I'm going to open up our libel laws,

so when they write purposely negative and horrible and false articles,

we can sue them and win lots of money. We're going to open up those libel laws.

As Enrich's book points out, this was the first time a major U.S. candidate had ever talked about

the reform of libel laws in a stump speech.

...