Moving up the list with each passing term is revisiting New York Times v. Sullivan and, presumably, purging the “actual malice” standard the Court conjured in 1964. For nearly 200 years, libel law and the freedom of the press co-existed peacefully, each in their own domain. That set the immediate context of New York Times v. Sullivan. Justice Thomas wants to revisit New York Times v. Sullivan for precisely this reason: it’s among the most flagrant examples of legislating from the bench. The originalist case for overturning New York Times v. Sullivan is strong and coherent.