10/05/2026
"Even if you subscribe to Justice Thomas’s strict originalism, it must be conceded that for a generation, Sullivan and its progeny were defensible because they acted as a shield for the fourth estate in a relatively stable marketplace of ideas. But today, technology has withered the fourth estate, and the marketplace of ideas is an open-air insane asylum. In the era of social media, incentives around public speech are sorely in need of reform."
Last month, a federal court in Minnesota dismissed an invasion of privacy lawsuit brought by former Minnesota Vikings offensive tackle Matt Kalil against his ex-wife, former beauty queen and curren…