A summary of the media-law background of Supreme Court nominee Elena Kagan
Elena Kagan has worked on free-speech and free-press issues more than any recent high court nominee, but her writings tend…
Elena Kagan has worked on free-speech and free-press issues more than any recent high court nominee, but her writings tend to explore the underpinnings of current doctrines and standards, rather than argue for or against any particular approach. She has also expressed skepticism with how workable the “actual malice” libel standard and a reporter’s privilege are, and whether those standards need to be reworked.