In court papers, the cop suing Netflix rallies around Clarence Thomas' thoughts on the First Amendment outlined in February.
, which first established actual malice as the bar for public figures, as well as follow-up precedent, characterizing these rulings as "policy-driven decisions masquerading as constitutional law." According to Thomas, the country should apply the First Amendment as the founding fathers allegedly understood it.
Colborn's brief states, "For purposes of preserving the argument, Plaintiff also respectfully submits that this is an appropriate case in which the United States Supreme Court should, if necessary, entertain Justice Clarence Thomas' recent invitation to review and abolish the actual malice standard.
The case might take a few years to get to the high court and could be dismissed on other grounds besides a lack of actual malice. Finally, there's no indication that the eight other justices agree with Thomas, but stick a pin in it anyway.
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