Lawyer Who Helped Write Landmark Press Freedom Case Now Seeks to Overturn It

Alan Dershowitz, who was present at the creation of New York Times v. Sullivan, is asking the Supreme Court to revise or destroy the landmark 1964 decision.

Published on Feb. 25, 2026

Got story updates? Submit your updates here. ›

Alan Dershowitz, the combative Harvard law professor and frequent television guest, was a Supreme Court law clerk in 1964 and was present when the landmark New York Times v. Sullivan decision was made. Now, Dershowitz is petitioning the Supreme Court to review and potentially overturn the decision, arguing that it no longer matches the "reality of modern media." Dershowitz claims CNN defamed him by mischaracterizing his defense of former President Trump during an impeachment trial, and says he would have won his libel suit against the network if not for the protections afforded by the Sullivan decision.

Why it matters

New York Times v. Sullivan established a high bar for public figures to prove libel, making it very difficult for government officials and other public figures to win libel suits. Dershowitz's challenge to this precedent-setting case could have major implications for press freedom and the ability of the media to report critically on public figures without fear of costly lawsuits.

The details

In his petition, Dershowitz argues that "the concerns that animated Sullivan no longer match the reality of modern media" and that the decision has "outlived any claim to validity it might once have had." He claims that he would have won his libel suit against CNN, which he says mischaracterized his defense of former President Trump during an impeachment trial, if not for the protections afforded by the Sullivan decision. CNN has waived its right to file a response to Dershowitz's petition, a move usually reserved for cases that are insubstantial or frivolous.

  • Dershowitz was a Supreme Court law clerk in 1964 when the New York Times v. Sullivan decision was made.
  • Dershowitz has filed a petition seeking review of a decision rejecting his libel suit against CNN.

The players

Alan Dershowitz

A combative Harvard law professor and frequent television guest who was a Supreme Court law clerk in 1964 when the New York Times v. Sullivan decision was made. He is now petitioning the Supreme Court to review and potentially overturn the landmark 1964 decision.

CNN

The news network that Dershowitz claims defamed him by mischaracterizing his defense of former President Trump during an impeachment trial. CNN has waived its right to file a response to Dershowitz's petition, a move usually reserved for cases that are insubstantial or frivolous.

Got photos? Submit your photos here. ›

What they’re saying

“The concerns that animated Sullivan no longer match the reality of modern media. Sullivan has outlived any claim to validity it might once have had.”

— Alan Dershowitz, Lawyer (Petition to the Supreme Court)

What’s next

The Supreme Court will decide whether to take up Dershowitz's petition and review the New York Times v. Sullivan decision.

The takeaway

Dershowitz's challenge to the landmark New York Times v. Sullivan decision, which established strong protections for press freedom, could have significant implications for the media's ability to report critically on public figures without fear of costly libel suits. This case highlights the ongoing tensions between free speech, press freedom, and the rights of public figures.